Singapore legislation

Regulation 43

of Employment Claims Rules 2017

Regulation 43

Costs

Subregulation 1

In deciding whether to make an order under section 22(1)(c) of the Act, or to award costs for any part of the proceedings, a tribunal or the Registrar may, in addition to taking into account any matter listed in section 22(2) of the Act, take into account any of the following matters:

(a)

whether the whole or any part of a claim —

(i)

discloses no reasonable cause of action;

(ii)

is struck out or dismissed for being scandalous, frivolous or vexatious;

(iii)

may prejudice, embarrass or delay the fair hearing of the proceedings before the tribunal; or

(iv)

is otherwise an abuse of the process of the tribunal;

(b)

whether it is just and equitable to make the order or award the costs;

(c)

the parties’ conduct in relation to any attempt at resolving the claim by mediation;

(d)

the extent to which the parties have followed any applicable rules, pre-action protocol or practice direction for the time being issued by the registrar of the State Courts.

Subregulation 2

A tribunal or the Registrar may, at any stage of the proceedings, order any party to the proceedings to pay, to any other party to the proceedings, any costs and disbursements (including filing fees) that the tribunal or Registrar thinks fit.

Subregulation 3

Unless a tribunal or the Registrar directs otherwise, any costs and disbursements awarded must be paid within 7 days after the decision of a tribunal or the Registrar as to costs and disbursements.