27. Burden of proof

Amended

Last amended by an amending law of 2019. 2 amendments in all.

(1)

In any proceedings under this Act before a tribunal or the General Division of the High Court, a person who makes any of the following allegations bears the burden of proving that allegation:

(a)

an allegation that the person is not the employer or employee of the claimant;

(b)

an allegation that the person is not a person who has a duty under any of the following Acts to do or abstain from doing any thing:

(i)

the Child Development Co‑Savings Act 2001;

(ii)

the Employment Act 1968;

(iii)

the Retirement and Re‑employment Act 1993.

(2)

In any proceedings under this Act before a tribunal or the General Division of the High Court, the following apply:

(a)

where an employee is dismissed without notice by an employer under section 14(1) of the Employment Act 1968, and the employee lodges a claim mentioned in section 14(2) of that Act against the employer — the employer bears the burden of proving the allegation that the employee was dismissed with just cause or excuse;

(b)

where an employee is dismissed with notice by an employer, and the notice of dismissal is or purports to be given on the ground that there has been poor performance or misconduct by the employee — the employer bears the burden of proving that ground for giving the notice of dismissal;

(c)

where a notice of dismissal is given to a female employee by an employer in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act 1968, and the female employee lodges a claim mentioned in section 84(2) of that Act against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause;

(d)

where a notice of dismissal is given to a female employee mentioned in section 12(1) of the Child Development Co‑Savings Act 2001 by an employer in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act 1968 (as applied to the female employee), and the female employee lodges a claim mentioned in section 84(2) of the Employment Act 1968 (as applied to the female employee) against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause.

Terms defined in 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
claimant
Defined · s 2
“claimant” means a person who lodges a claim with a tribunal, and includes, for the purposes of Part 2, a person who intends to lodge a claim 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
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

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