Singapore legislation

Regulation 23

of Employment Claims Rules 2017

Regulation 23

Setting aside of decision, direction or order given in absence of party

Subregulation 1

A decision, direction or order given or made by a tribunal or the Registrar in the absence of a party may be set aside on the application of that party.

Subregulation 2

An application under this rule to set aside a decision, direction or order must be —

(a)

made in the relevant Form;

(b)

made —

(i)

to a tribunal, if the decision, direction or order was given or made by a tribunal; or

(ii)

to the Registrar, if the decision, direction or order was given or made by the Registrar; and

(c)

made within 7 days after the date of the decision, direction or order, or within any longer period that the tribunal or Registrar (as the case may be) may allow.

Subregulation 3

The applicant must, at the time the application is filed, pay the fee specified in item 7 of the Schedule.

Subregulation 4

The applicant must, within 7 days after the date on which the application and the relevant Form containing the facts and evidence in support of the application are filed, serve them on the respondent.

Subregulation 5

A respondent who intends to oppose the application must, within 7 days after being served with the application and the relevant Form containing the facts and evidence in support of the application, file and serve on the applicant the relevant Form containing the facts and evidence in reply.

Subregulation 6

The tribunal or Registrar hearing the application —

(a)

may set aside the decision, direction or order given or made, on any terms that the tribunal or Registrar thinks just; and

(b)

may proceed to hear the claim or make any other orders or directions that the tribunal or Registrar thinks just.

Subregulation 7

Where any party does not appear at the hearing of the application, the tribunal or Registrar may hear the application and make a decision in the absence of that party, even if the interests of that party may be prejudicially affected by the decision.