Do you think you were unjustifiably dismissed from work? Are you an employer who is not sure what constitutes wrongful dismissal? You’re not alone—and you’re in the right place. With PDLegal, we have assisted numerous clients in Singapore on establishing where they stand in employment disputes, particularly wrongful dismissal. In getting through the sensitive employer-employee relationship, being aware of your obligations and rights matters most. Here’s the legal relief for wrongful dismissal cases and how you can guard yourself—whether you are an employer or employee.
What Counts Wrongful Dismissal?
Wrongful dismissal refers to a situation where an employee is terminated in a manner that breaches the terms of the employment contract or violates statutory protections. This can happen even if a contract includes a termination clause.
Common examples include:
- Dismissal without notice or payment in lieu
- Termination on discriminatory grounds (e.g. age, gender, religion)
- Dismissal without due inquiry in cases of alleged misconduct
- Retaliation for asserting workplace rights (e.g. maternity leave, whistleblowing)
Not all terminations are unlawful. The context, process, and reasons given are key factors in determining whether a dismissal is wrongful under employment law.
Legal Protections for Employees
In Singapore, the Employment Act covers most employees earning up to a certain income threshold. However, even outside this scope, basic contractual principles and common law protections apply.
Employees who are wrongfully dismissed may seek the following remedies:
- Reinstatement: In rare cases, the employee may be reinstated to their former role.
- Compensation: This may cover lost wages and benefits during the notice period.
- Contractual damages: If the dismissal breached specific contract terms, damages may be awarded accordingly.
The Tripartite Guidelines on Wrongful Dismissal, issued by the Ministry of Manpower, offer further clarity on acceptable grounds for termination.
Employers and Due Process
Employers have the right to dismiss employees for valid reasons, such as poor performance, redundancy, or misconduct. However, it is critical to follow the due process. Failure to do so can turn an otherwise lawful dismissal into a wrongful one.
Key practices for employers include:
- Providing written warnings where applicable
- Conducting proper investigations before dismissal for misconduct
- Issuing clear termination notices or salary in lieu
- Keeping records of disciplinary actions and communication
An employment contract alone does not give employers full discretion—legal compliance and procedural fairness must also be considered.
Differences in Employer and Employee Rights
The law recognizes different sets of rights for employers and employees, but both sides are expected to act in good faith.
For Employees:
- Right to know the reason for dismissal
- Right to be heard before termination (in misconduct cases)
- Right to contractual notice or compensation
For Employers:
- Right to terminate with just cause
- Right to set performance expectations and standards
- Right to restructure or downsize with proper notice
Balancing these rights is a core principle in employment law and plays a major role in resolving dismissal disputes.
Making a Claim for Wrongful Dismissal
If an employee believes they were wrongfully dismissed, they may file a claim through one of the following channels:
- Tripartite Alliance for Dispute Management (TADM): A first step for resolving employment disputes through mediation.
- Employment Claims Tribunal (ECT): Handles statutory and contractual claims up to a prescribed limit.
- Civil Courts: In cases involving senior management or higher claim amounts, civil proceedings may be appropriate.
Timeliness is important. Most wrongful dismissal claims must be filed within one month of the dismissal date.
Documentation and Evidence
Both employers and employees should maintain proper documentation. This includes:
- Employment contracts
- Termination letters
- Performance records
- Internal emails and warnings
- Investigation reports, if applicable
These materials can be vital in establishing whether a dismissal was wrongful or lawfully executed.
Contract Terms vs. Statutory Rights
An employment contract may specify notice periods and grounds for termination, but it cannot override protections under the Employment Act. For example, a contract cannot allow dismissal without inquiry in cases of alleged misconduct if the Employment Act requires otherwise.
Understanding how contract terms interact with statutory rights is crucial when assessing wrongful dismissal cases.
Why Work With PDLegal?
We’re not just legal professionals—we’re your partners in resolving employment disputes with clarity and care. At PD Legal, our team combines strong legal knowledge with real-world insights. We’ve worked with clients from all industries in Singapore and understand how to handle employment cases sensitively and strategically.
Conclusion
Wrongful dismissal cases in Singapore reflect the ongoing balance between employer rights and employee protections. Both parties have legal remedies available but navigating them requires a clear understanding of employment laws and proper procedures.
At PDLegal, we handle employment matters with practical insight and legal precision. Contact us now and let us help you move forward with confidence!
FAQs
What is the difference between wrongful dismissal and unfair dismissal?
Can an employer terminate an employee due to medical reasons?
Can an employer terminate an employee due to poor performance?
What are the damages for wrongful dismissal in Singapore?
What is the unfair dismissal law in Singapore?
What is Section 14.2 of the Employment Act Singapore?
What is the compensation for termination of employment in Singapore?
What is the termination policy in Singapore?
Are terminated employees entitled to final pay?
Is severance pay mandatory in Singapore?
Disclaimer: This article is intended to provide general information only and does not constitute legal advice. It should not be used as a substitute for professional legal consultation. We recommend seeking legal advice before making any decisions based on the information in this article. PDLegal fully disclaims any responsibility for any loss or damage that may result from reliance on this article.
