In forceAmended2020 Revised Edition

Contents

Employment Claims Act 2016 · 2020 Revised Edition · Part 3 · Employment Claims

22. Orders of tribunal

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Amended

Last amended by an amending law of 2018.

(1)

A tribunal may determine a claim within the tribunal’s jurisdiction by making one or more of the following orders:

(a)

an order requiring a party to pay money to another party;

(b)

an order dismissing the whole or any part of the claim;

(c)

an order requiring a party to pay costs to another party;

(d)

an order requiring an employer to reinstate an employee in the employee’s former employment.

(2)

In deciding whether to make an order under subsection (1)(c), a tribunal may take into account any of the following matters:

(a)

whether the claim was frivolous or vexatious;

(b)

whether a party without reasonable excuse failed to attend a mediation under Part 2, or a tripartite mediation (conducted by an approved mediator), of a specified employment dispute for which the claim is lodged;

(c)

whether any party without reasonable excuse failed to attend any proceedings before the tribunal which that party was required to attend.

(3)

A tribunal’s order under subsection (1) is subject to any conditions that the tribunal thinks fit to impose.

(4)

The total amount of money that a tribunal orders to be paid to a party under subsection (1)(a), in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which a claim is lodged, must not exceed the prescribed claim limit in section 12(7)(a) that is applicable to the party.

(5)

The total amount of money that a tribunal orders to be paid to a party under subsection (1)(a), in respect of every wrongful dismissal dispute (if any) for which a claim is lodged, must not exceed the prescribed claim limit in section 12(7)(b) that is applicable to the party.

(6)

To avoid doubt —

(a)

any amount of money that a tribunal orders to be paid under subsection (1)(a) does not include any costs that a tribunal orders to be paid under subsection (1)(c); and

(b)

where a tribunal orders a party to pay an amount of money under subsection (1)(a) and costs under subsection (1)(c), any money paid by the party is to be applied first to the payment of the amount under subsection (1)(a), and then to the payment of the costs under subsection (1)(c).

(7)

Where a tribunal does not have jurisdiction to determine a claim or any part of a claim, that claim or part (as the case may be) must be dismissed for lack of jurisdiction.

(8)

A tribunal may, instead of determining a claim by making an order under subsection (1), refer any specified employment dispute for which the claim is lodged for mediation under Part 2 (if the claim arose from a mediation under Part 2) or for tripartite mediation to be conducted by an approved mediator (if the claim arose from a tripartite mediation conducted by an approved mediator), with or without the consent of the parties.

(9)

A tribunal may, when making a referral under subsection (8), order all or any of the parties to personally attend the mediation under Part 2 or the tripartite mediation (as the case may be).

(10)

A tribunal may correct an order made by the tribunal within 14 days after the date on which the order is made, or correct a statement of the tribunal’s grounds for making the order within 14 days after the date on which the statement is issued by the tribunal, to the extent necessary to rectify any of the following things:

(a)

a clerical mistake;

(b)

an error arising from an accidental slip or omission;

(c)

a material miscalculation of figures, or a material mistake in the description of any person, thing or matter, referred to in the order or statement (as the case may be);

(d)

a defect of form.

(11)

The tribunal may make the correction in subsection (10) on its own initiative or on the application of a party to the proceedings before the tribunal.

(12)

Every order made by a tribunal under subsection (1) may be enforced in the same manner as a judgment given or an order made by a District Court.

Terms defined in s 2

approved mediator
Defined · s 2
“approved mediator” means any individual approved by the Commissioner as a mediator for one or more of the following:(a)a mediation under Part 2 of a specified employment dispute;(b)a tripartite mediation;(c)a mediation mentioned in section 115(2A) of the Employment Act 1968;(d)a consultation or conciliation under section 8A(5) of the Retirement and Re‑employment Act 1993;(e)a mediation or conciliation of any dispute under any other written law that the Commissioner may determine, being a written law relating to employment, employment terms or the relations between employers and employees;
Open s 2
claim
Defined · s 2
“claim” means a claim lodged with a tribunal, and includes a counterclaim lodged with a tribunal;
Open s 2
court
Defined · s 2
“court” means any court of competent jurisdiction in Singapore;
Open s 2
employee
Defined · s 2
“employee” means an individual who has entered into and works under a contract of service with an employer, and includes —(a)any employee of the Government within a category, class or description of such employees prescribed to be employees for the purposes of this Act; and(b)for an employment dispute relating to the termination of a contract of service or any mediation request submitted or claim made after the end of a contract of service, the former employee who worked under that contract of service, even though the relationship between employee and employer has ended;
Open s 2
employer
Defined · s 2
“employer” means any person who employs an individual under a contract of service, and includes —(a)the Government in respect of any category, class or description of employees of the Government prescribed to be employees for the purposes of this Act;(b)a statutory body;(c)a person duly authorised by an employer to be the employer’s agent or manager;(d)a person who owns, carries on or is responsible for the management of the profession, business, trade or work in which that individual is or was engaged; and(e)for an employment dispute relating to the termination of a contract of service or any mediation request submitted or claim made after the end of a contract of service, the former employer, even though the relationship between employee and employer has ended;
Open s 2
mediation
Defined · s 2
“mediation” includes —(a)the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes;(b)the bringing together of the parties to any dispute for that purpose, either at the request of one of the parties to the dispute or on an order of a tribunal under this Act; and(c)the follow‑up of any matter which is the subject of any such discussion or settlement;
Open s 2
specified contractual dispute
Defined · s 2
“specified contractual dispute” means a dispute, relating to a payment of an amount of money, which arises out of or in the course of employment under a contract of service, about any matter specified in the First Schedule;
Open s 2
specified employment dispute
Defined · s 2
“specified employment dispute” means a specified contractual dispute, a specified statutory dispute or a wrongful dismissal dispute;
Open s 2
specified statutory dispute
Defined · s 2
“specified statutory dispute” means a dispute, relating to a payment of an amount of money, about any matter specified in the Second Schedule;
Open s 2
tribunal
Defined · s 2
“tribunal” means a subordinate court called an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970;
Open s 2
tripartite mediation
Defined · s 2
“tripartite mediation” has the meaning given by section 30F of the Industrial Relations Act 1960;
Open s 2
wrongful dismissal dispute
Defined · s 2
“wrongful dismissal dispute” means a dispute, relating to the dismissal of an employee, specified in the Third Schedule.
Open s 2

Report

Read on from s 23

Part 4

Miscellaneous

Read on from Part 4

Schedules

Read on from Schedules