Being dismissed from a job is stressful enough without also wondering whether your employer actually acted lawfully in how they let you go. Singapore law does provide real protection against wrongful dismissal, along with a structured, accessible process for pursuing a claim. This guide explains what wrongful dismissal actually means here, and what options you have if you believe it has happened to you.
What Wrongful Dismissal Actually Means
Wrongful dismissal refers to a termination that is carried out in a manner not permitted by law, rather than simply a termination you personally disagree with or feel was unfair in a general sense. This distinction matters considerably, since Singapore employers generally do have the right to terminate an employee’s contract, provided they do so properly, whether with notice, payment in lieu of notice, or for a valid, substantiated cause.
Common Grounds That Can Constitute Wrongful Dismissal
Several situations are commonly recognised as wrongful dismissal. Being dismissed without any notice or payment in lieu of notice, where your contract required one or the other, is a clear example. Being dismissed on discriminatory grounds, such as age, race, gender, or family responsibilities, is another. Dismissal as retaliation for exercising a legal right, such as filing a genuine complaint or taking legally entitled leave, can also constitute wrongful dismissal, as can dismissal that breaches specific terms of your own employment contract.
Dismissal With Notice Is Not Automatically Wrongful
It is worth being clear about this. An employer terminating your employment with proper notice, or payment in lieu of notice as specified in your contract, is generally lawful, even if you strongly disagree with the decision or feel it was unfair in a broader sense. Wrongful dismissal specifically concerns whether the termination itself breached the law or your contract, not whether you personally consider the underlying business decision to have been the right one.
Your First Step: TADM Mediation
If you believe you have been wrongfully dismissed, your claim generally needs to first go through mediation at the Tripartite Alliance for Dispute Management, commonly known as TADM. This is a compulsory step before you can proceed to the Employment Claims Tribunals, and many disputes are genuinely resolved at this earlier, less formal stage.
The Critical Deadline: One Month
This is the single most important thing to understand if you believe you have been wrongfully dismissed. You generally must file your claim with TADM within one month of your last day of employment. This deadline is considerably shorter than the timeframe for many other types of employment claims, and missing it can mean losing your ability to pursue the claim at all. If you believe your dismissal was wrongful, act immediately rather than waiting to see how things unfold.
Proceeding to the Employment Claims Tribunals
If TADM mediation does not resolve your dispute, you will receive a Claim Referral Certificate, allowing you to file at the Employment Claims Tribunals, commonly known as the ECT, within four weeks of that certificate being issued. The ECT can hear wrongful dismissal claims up to a specified monetary limit, offering a considerably faster, lower-cost alternative to a full civil lawsuit.
What Remedies Are Available
If your wrongful dismissal claim succeeds, the ECT can order a range of remedies depending on your specific situation. This can include reinstatement, requiring your employer to give you your job back along with the wages you would have earned in the meantime, or compensation, an amount of money determined by the tribunal to address the wrongful dismissal, in circumstances where reinstatement is not sought or not appropriate.
Who Is Covered
The TADM and ECT process for wrongful dismissal claims is available to employees under a contract of service, including local and foreign workers across Work Permit, S Pass, and Employment Pass categories. It generally does not extend to public servants, domestic workers, or seafarers, other than for certain limited statutory claims.
If Your Claim Exceeds the Tribunal’s Limits
For a genuinely complex or high-value wrongful dismissal claim exceeding what the ECT can hear, you would need to pursue the matter through the regular civil courts instead, generally with legal representation, given the increased complexity and stakes typically involved at that level.
Gathering Evidence to Support Your Claim
Before filing, gather relevant documentation supporting your position: your employment contract, any termination letter or communication explaining the reason for dismissal, records of your salary and benefits, and messages, emails and other digital evidence relevant to the circumstances surrounding your dismissal. Strong, well-organised evidence genuinely strengthens your claim, whether at the mediation stage or if the matter proceeds further.
Getting Advice Before You File
While you can pursue a wrongful dismissal claim through TADM and the ECT without a lawyer, since lawyers are generally not permitted to represent you directly at these forums, many employees find it valuable to get a brief consultation with an employment lawyer beforehand to understand their position and prepare effectively, particularly given how tight the filing deadline is and how important it is to present your case clearly from the outset.
Understanding the Difference Between Retrenchment and Wrongful Dismissal
It is worth distinguishing genuine retrenchment, where a role is made redundant for legitimate business reasons, from wrongful dismissal. Retrenchment carried out properly, with appropriate notice or compensation in line with your contract and applicable guidelines, is generally lawful, even though losing your job for this reason is still genuinely difficult. The question in a wrongful dismissal claim is not whether losing your job was upsetting, but whether the process itself breached the law or your contract.
Keeping a Clear Record From the Moment Concerns Arise
If you sense your dismissal may not have been handled properly, start keeping a clear, dated record of relevant events and communications as early as possible, rather than trying to reconstruct the timeline later under the pressure of a tight filing deadline. This habit genuinely strengthens your position if you do proceed with a claim, and costs you very little effort to maintain.
Managing the Emotional Weight of a Dismissal While Acting Quickly
Losing a job is genuinely difficult, and it is entirely understandable to need time to process what has happened. At the same time, given how short the filing deadline for a wrongful dismissal claim actually is, try not to let that processing time delay your initial enquiry with TADM. Reaching out early does not commit you to a particular course of action immediately, but it does protect your options while you take the time you need to fully decide how you want to proceed.
Frequently Asked Questions
Can I be dismissed while on medical leave, or does this automatically count as wrongful dismissal?
Dismissal during medical leave can raise genuine concerns depending on the specific circumstances and your contract terms, so this is worth reviewing carefully with reference to your specific situation rather than assuming either way.
Does resigning under pressure from my employer count as a dismissal for the purposes of a wrongful dismissal claim?
This can sometimes be treated as a form of constructive dismissal depending on the specific circumstances, so it is worth discussing the details of your situation directly, since how your departure is characterised can affect what claims remain available to you.
Can my employer dismiss me during my probation period without following the same notice requirements?
Probationary employment can involve different notice terms specified in your contract, so it is worth checking your specific contractual provisions for the probation period rather than assuming the same rules apply as for confirmed employment.
Is there a minimum length of employment required before I can bring a wrongful dismissal claim?
For managers and executives dismissed with notice or salary in lieu of notice, at least six months’ service is required. There is no minimum service period for non-managers and non-executives, or for managers and executives dismissed without notice or payment in lieu. Check MOM’s wrongful dismissal guidance for the category that applies to you.
Can I still pursue a wrongful dismissal claim if I have already accepted a new job elsewhere?
Yes, having found new employment does not prevent you from pursuing a claim relating to your previous dismissal, though it may be relevant to how compensation is calculated depending on the specific circumstances of your case.
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About the Author: Randy Alta
