Protecting Your Rights in Employment Disputes

Guidance on Employment Disputes and Employee Rights

Legal Assistance for Employers and Employees in Employment Disputes

Our lawyers at Jacque Law have expertise and experience in employment-related disputes. If you are facing an issue regarding your employment contract, workplace environment or other related matters, or if you are an employer facing issues relating to an employee, our lawyers can provide advice on your rights and remedies under employment law and the employment contract.

The main statutes governing employment disputes are the Employment Act and the Employment Claims Act. The following are some of the common employment disputes that arise:

Does Any of the Following Situations Match Your Circumstance?

Wrongful dismissal

Wrongful dismissal occurs when an employer terminates an employment contract without providing just cause or excuse to the employee. The following are examples of wrongful dismissal, even if sufficient notice is given to the employee:

  • Dismissal on discriminatory grounds such as religion, gender, age or disability;
  • Dismissal to punish the employee for exercising an employment right, such as refusing to work overtime;
  • Dismissal based on false or incorrect reasons; and
  • Dismissal to avoid providing the employee with certain benefits that he/she would have otherwise been entitled to, such as sick leave.
Additionally, if an employee is dismissed on the basis of poor performance but is not given notice, that could be considered as wrongful dismissal. The required notice period will generally be provided for in the employment contract. If there is no such clause in the contract, the required notice period will depend on the employee’s length of service under the employer.

Workplace harassment happens when someone at the workplace (including other employees, managers, or customers) causes harassment, alarm or distress to another person through their words or actions. Workplace harassment can occur online or in real life, as long as it occurs in a work-related environment. Examples of workplace harassment include:

  • The use of threatening, insulting or derogatory language;
  • Aggressive behaviour or violence;
  • Cyberbullying;
  • Sexual harassment; and
  • Discriminatory behaviour, including the use of slurs or marginalisation of certain people.

An employment contract must contain key employment terms, which comprise details of the basic salary, fixed allowances, fixed deductions, overtime payment and additional pay such as bonuses, paid leave, maternity leave benefits, etc. Salary or other payment-related disputes can arise from the breach of any of the aforementioned terms. Examples include:

  • Non-payment and/or late payment of salary;
  • Unauthorised or unexplained deductions from the salary; and
  • Non-payment of salary during sick leave or maternity leave.

Non-compete clauses restrain an employee from working for competitors for a certain period of time after his/her current employment ends. Such clauses are only valid where there are legitimate business interests that need to be protected. In addition, these clauses must be reasonable in relation to their scope, duration and geographical reach.

If a non-compete clause is unreasonably restrictive, it can seriously hinder an individual’s ability to find new employment. Hence, an employee may dispute the enforceability of such a clause in his/her employment contract.

Employees may owe certain fiduciary duties to their employer, and the extent and nature of the fiduciary duties will depend on the terms set out in the employment contract. In particular, whether fiduciary obligations are owed will be based on the following factors:

  • Whether the employee has scope for the exercise of some discretion or power;
  • Whether the employee can unilaterally exercise that power or discretion so as to affect the employer’s legal or practical interests; and
  • Whether the employer is peculiarly vulnerable to or at the mercy of the employee holding the discretion or power.
If an employee has breached his/her fiduciary duties arising from the employment contract, the employer can seek remedies.

We're Ready To Help

Employment disputes can be complex and stressful, but Jacque Law LLC is here to provide the guidance you need. Our experienced lawyers specialise in handling a wide range of employment-related issues, from contract disputes to workplace grievances, helping to protect your rights and find effective solutions. Let us stand by you as you navigate this challenging process.

Commonly Asked Questions

What are common types of employment disputes in Singapore?

Common employment disputes include issues related to wrongful termination, unpaid wages, contract disputes, workplace harassment, discrimination, and breaches of non-compete clauses. Both employees and employers may face disputes that require legal guidance to resolve.

If you believe you’ve been wrongfully terminated, gather relevant documents such as your employment contract, termination letter, and any correspondence related to the termination. Consulting a lawyer can help you understand your rights and explore options for seeking compensation or reinstatement.

An employer generally cannot change the terms of your employment without your consent, as doing so may breach the employment contract. Significant changes require mutual agreement, and you may seek legal advice if changes are imposed unilaterally.

The Employment Claims Act provides a process for resolving salary-related disputes through mediation at the Tripartite Alliance for Dispute Management (TADM). If unresolved, cases can be referred to the Employment Claims Tribunals (ECT) for adjudication.

Yes, the Protection from Harassment Act (POHA) offers protection against workplace harassment. Employees experiencing harassment can file a complaint and seek remedies, including protection orders and compensation for emotional distress.

Non-compete clauses are enforceable if they are reasonable in scope and duration, and if they protect legitimate business interests. Courts in Singapore will assess whether the clause is fair to both parties. A lawyer can help you determine if a non-compete clause is likely to be enforceable.