Singapore legislation

Regulation 11

of Employment Claims Rules 2017

Regulation 11

Counterclaim against claimant

Subregulation 1

Every counterclaim must be made in the relevant Form.

Subregulation 2

At the time of lodging any counterclaim, the respondent must pay the fee specified in item 3 of the Schedule.

Subregulation 3

At the time of filing a response to a counterclaim, the claimant must pay the fee specified in item 4 of the Schedule.

Subregulation 4

These Rules (except rules 8(1) and (2) and 10(2)) apply to a counterclaim as they apply to a claim, but with the following modifications:

(a)

any reference to a claimant is a reference to a person making the counterclaim;

(b)

any reference to a respondent is a reference to a person against whom the counterclaim is made.

Subregulation 5

Where a counterclaim is lodged in accordance with this rule, the Registrar must fix a case management conference or hearing, as appropriate, for both the claim and the counterclaim.

Subregulation 6

A counterclaim may be proceeded with regardless whether the claim is granted, stayed, discontinued, withdrawn, dismissed or settled.

Subregulation 7

Where the whole or part of a counterclaim by a respondent is relied on as a response to the whole or part of a claim made by the claimant, a tribunal may —

(a)

set-off the amount of that whole or part of the counterclaim against the amount of that whole or part of the claim; and

(b)

proceed to make an appropriate order.