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The Law of Dismissal of Employees in Singapore
As of 1 April, 2019, professionals, managers and executives (PMEs) are now covered under the Employment Act and may seek redress against wrongful and unfair dismissal by their employers with the Tripartite Alliance of Dispute Management (TADM). The treatment of this category of employee would now be quite similar to the rank and file employees who are covered under the Employment Act.
Given the above, there are two broad categories of employees in Singapore. The first being the non-executive level, second the PMEs. The treatment of dismissing, whether with notice or without notice for the two broad categories of employees, differ slightly. For human resource practitioners who used the same approach in dismissing the employees can be fatal as surely the ex-employees would not hesitate to pursue the matter as, after all, they have since left the company.
Also, it is important to manage employee separation with care regardless of whether the employee is leaving because of resignation, redundancy, retirement, death, frustration, expiry of contract or dismissal. Firstly, it minimises the risk of legal problems and secondly; it protects the reputation of both the business and the employer. Employees who leave employment on a pleasant note are more likely to recommend their previous employer, thus building a branding of employer of choice.
Employers should use fair procedures when terminating employees as replacing employees is expensive, and claims for unfair or unlawful dismissal can be costly and time consuming to defend. Also, what may be seen as an unfair process can affect workplace morale. An insufficient appreciation of the difference between the termination of an employment contract and dismissal of an employee from his employment is also contributing to this escalation as this is deducible from the nature of claims filed and their chances of success at the end of most litigation.
At the end of this workshop, delegates can be assured that they will be more competent in their understanding of grievance and disciplinary handling, as well as the dismissal of an employee in Singapore.
Given the above, there are two broad categories of employees in Singapore. The first being the non-executive level, second the PMEs. The treatment of dismissing, whether with notice or without notice for the two broad categories of employees, differ slightly. For human resource practitioners who used the same approach in dismissing the employees can be fatal as surely the ex-employees would not hesitate to pursue the matter as, after all, they have since left the company.
Also, it is important to manage employee separation with care regardless of whether the employee is leaving because of resignation, redundancy, retirement, death, frustration, expiry of contract or dismissal. Firstly, it minimises the risk of legal problems and secondly; it protects the reputation of both the business and the employer. Employees who leave employment on a pleasant note are more likely to recommend their previous employer, thus building a branding of employer of choice.
Employers should use fair procedures when terminating employees as replacing employees is expensive, and claims for unfair or unlawful dismissal can be costly and time consuming to defend. Also, what may be seen as an unfair process can affect workplace morale. An insufficient appreciation of the difference between the termination of an employment contract and dismissal of an employee from his employment is also contributing to this escalation as this is deducible from the nature of claims filed and their chances of success at the end of most litigation.
At the end of this workshop, delegates can be assured that they will be more competent in their understanding of grievance and disciplinary handling, as well as the dismissal of an employee in Singapore.
Objective
• Understand the difference in the handling of statutory law employees (non-executive and PMEs).
• Know the difference between dismissal with notice and without notice for the statutory employees.
• Know that grievances and disciplinary issues can have an impact on the smooth running of an organisation.
• Know the types of misconduct of employees at the workplace and outside the workplace
• Understand that disciplinary issues can be effectively managed.
• Know the purpose and implementation of disciplinary and grievances procedures.
• The need for dismissal for employees who committed gross misconduct.
• Understand the different modes of cessation of the employment contract.
• Differentiate between repudiatory breach by misconduct, agreement with notice and without notice, negligence, frustration and poor performance.
• Understand the disciplinary process, i.e. suspension, investigation and disciplinary inquiry of employee who committed misconduct.
• Know the difference between dismissal with notice and without notice for the statutory employees.
• Know that grievances and disciplinary issues can have an impact on the smooth running of an organisation.
• Know the types of misconduct of employees at the workplace and outside the workplace
• Understand that disciplinary issues can be effectively managed.
• Know the purpose and implementation of disciplinary and grievances procedures.
• The need for dismissal for employees who committed gross misconduct.
• Understand the different modes of cessation of the employment contract.
• Differentiate between repudiatory breach by misconduct, agreement with notice and without notice, negligence, frustration and poor performance.
• Understand the disciplinary process, i.e. suspension, investigation and disciplinary inquiry of employee who committed misconduct.
Outline
A competent HR practitioner must have the knowledge and skills in the following:
1. Grievance-Handling
• What constitutes misconduct.
• Understanding the grievances of employees.
• Differences between grievances, complaints and whistle-blowing.
• Consequences of mishandling grievances.
• Handling grievance effectively.
• Company’s grievance-handling procedure.
2. Misconduct
• What constitutes misconduct.
• Minor and major misconduct.
• Policy on the code of conduct.
• Whether misconduct constitutes a breach of contract.
• Negligence or incompetence.
• Committing criminal offences.
3. Discipline and Disciplinary Action:
• Definition of discipline.
• The need to discipline.
• Progressive discipline.
• Company’s code of conduct.
4. Modes of Cessation of employment contract
• Performance (Retirement).
• Agreement (termination clause, retrenchment, expiry of fixed term contract ).
• Repudiatory breach ( misconduct, fail probation, bankruptcy).
• Frustration ( rest in peace ).
• Remedies for wrongful dismissal.
• Reinstatement or pay for damages.
5. “Dismissal.”
• Employee as defined in section 2 of the Employment Act.
• Definition of dismissal.
• Definition of statutory (Non-Executive and PME) employee.
• Contract of service versus contract for service.
• Differences between dismissal with notice and dismissal without notice.
6. The test to be applied for Misconduct
• Implied terms.
• Express terms.
• Duty of the employer
• Duty of the employee
• Illustration of misconduct
• Dismissal is the employer’s prerogative.
7. Unsatisfactory work performance
• Employment contract undermines by poor work performance.
• Misconduct to be differentiated from poor work performance.
• Evidence of shortcomings.
• Process for dismissal for poor work performance.
• Bearing on Retirement and Reemployment Act.
8. Employee committing a criminal offence at the workplace/outside the workplace.
• Solutions to an employer’s dilemma over an employee who committed a criminal offence.
• Standard of proof btw required in judicial court and disciplinary inquiry.
• Nexus test to be applied to an employee’s job.
• Criminal offence versus breach of the company’s rules and regulations.
• Private conduct versus non-private conduct.
• Doctrine of autrefois acquit and autrefois convict.
• The need for a disciplinary inquiry.
• How to handle employee released on police’s or court’s bail
9. Suspension, investigation and disciplinary inquiry
• Disciplinary inquiry process with trade union / without trade union.
• Differentiation between statutory and common law employee.
• Suspension with pay or without pay and duration ofthe suspension.
• Investigation to the complaint.
• Conducting the disciplinary inquiry.
• Framing disciplinary charges.
• Disciplinary inquiry hearing procedure.
• Termination while on hospitalisation leave.
1. Grievance-Handling
• What constitutes misconduct.
• Understanding the grievances of employees.
• Differences between grievances, complaints and whistle-blowing.
• Consequences of mishandling grievances.
• Handling grievance effectively.
• Company’s grievance-handling procedure.
2. Misconduct
• What constitutes misconduct.
• Minor and major misconduct.
• Policy on the code of conduct.
• Whether misconduct constitutes a breach of contract.
• Negligence or incompetence.
• Committing criminal offences.
3. Discipline and Disciplinary Action:
• Definition of discipline.
• The need to discipline.
• Progressive discipline.
• Company’s code of conduct.
4. Modes of Cessation of employment contract
• Performance (Retirement).
• Agreement (termination clause, retrenchment, expiry of fixed term contract ).
• Repudiatory breach ( misconduct, fail probation, bankruptcy).
• Frustration ( rest in peace ).
• Remedies for wrongful dismissal.
• Reinstatement or pay for damages.
5. “Dismissal.”
• Employee as defined in section 2 of the Employment Act.
• Definition of dismissal.
• Definition of statutory (Non-Executive and PME) employee.
• Contract of service versus contract for service.
• Differences between dismissal with notice and dismissal without notice.
6. The test to be applied for Misconduct
• Implied terms.
• Express terms.
• Duty of the employer
• Duty of the employee
• Illustration of misconduct
• Dismissal is the employer’s prerogative.
7. Unsatisfactory work performance
• Employment contract undermines by poor work performance.
• Misconduct to be differentiated from poor work performance.
• Evidence of shortcomings.
• Process for dismissal for poor work performance.
• Bearing on Retirement and Reemployment Act.
8. Employee committing a criminal offence at the workplace/outside the workplace.
• Solutions to an employer’s dilemma over an employee who committed a criminal offence.
• Standard of proof btw required in judicial court and disciplinary inquiry.
• Nexus test to be applied to an employee’s job.
• Criminal offence versus breach of the company’s rules and regulations.
• Private conduct versus non-private conduct.
• Doctrine of autrefois acquit and autrefois convict.
• The need for a disciplinary inquiry.
• How to handle employee released on police’s or court’s bail
9. Suspension, investigation and disciplinary inquiry
• Disciplinary inquiry process with trade union / without trade union.
• Differentiation between statutory and common law employee.
• Suspension with pay or without pay and duration ofthe suspension.
• Investigation to the complaint.
• Conducting the disciplinary inquiry.
• Framing disciplinary charges.
• Disciplinary inquiry hearing procedure.
• Termination while on hospitalisation leave.
Who should attend
• Human Resource Practitioners
• Industrial Relations Practitioners
• Lawyers
• In-House Legal Counsels
• Line Managers/Executives
• Any other persons interested in grasping a good understanding of the Employment Act.
• Industrial Relations Practitioners
• Lawyers
• In-House Legal Counsels
• Line Managers/Executives
• Any other persons interested in grasping a good understanding of the Employment Act.
Methodology
Lecture and case study.
Profile of Arthur Khong
Mr. Arthur Khong is the esteemed founder of HR Law Academy, a pioneering institution in Singapore specializing in employment laws and industrial relations. Departing from his role at Keppel Energy in June 2013, Arthur embarked on a mission to provide comprehensive training and consultancy services in the landscape of Singapore's employment laws and industrial practices.
Work Experience
Arthur first embarked on his career in human resource management with Western Digital in 1993. To-date, he has held several senior Human Resource positions including:
• Legal Counsel - Chugoku Marine Paints (S) Pte Ltd
• General Manager, Human Resources – Keppel Energy Pte Ltd
• Group Regional Vice President – Yeo Hiap Seng Ltd
• Director of Human Resource – Far East Organization, Hotel Group
• Director of Human Resource – Goodwood Park Hotel
In his 22 years’ career span in human resource management, Arthur has also held regional human resource responsibilities for overseas subsidiaries in Malaysia, Hong Kong, China, Brazil and USA. He is also experienced in industrial relations management as all the companies that he has worked for are unionised companies, some even with multiple unions.
Prior to embarking on his human resource management career, Arthur was with the Singapore Police Force as a Senior Police Officer.
University Lecturer
Arthur is currently an Adjunct Faculty with the Singapore University of Social Sciences (SUSS). He started his lecture stint at SUSS in 2009. He lectures on the following modules at SUSS:-
• Employment Laws and Legal Issues
• Employment and Industrial Relations
• Human Resource Management
In addition, Arthur is also an adjunct lecturer for SUSS where he lectures in contract law (Diploma in Management) and staffing and employee development (Graduate Diploma in HR Mgmt).
Workshop Leader
Arthur is also an active freelance workshop leader, having conducted numerous workshops in employment laws and industrial relations since 2007.
Author
Arthur is the author of :
1. The Human Resource Practitioners’ Guide to Employment Laws, the 4th edition (LexisNexis)
2. The Human Resource Practitioners’ Guide to Industrial Relations, the 1st edition (LexisNexis)
3. The Human Resource Practitioners’ Guide to Employment Contracts and HR policies and procedures, the 1st edition (HR Law Academy)
These guidebooks seek to outline the employment laws and industrial relations in Singapore in simple language to give HR Practitioners a better understanding of the rights and obligations of both the employer and the employee.
Educational Qualifications:
Arthur possesses the following educational qualifications:
• Bachelor of Arts (Economics) from University of Manitoba
• Bachelor of Laws (Honors) from University of London
• Graduate Diploma in Personnel Management from Singapore Institute of Management
• Diploma in Training and Development from Singapore Institute of Management
• Master of Management (HR Management) from Macquarie University
• Graduate Certificate in International Arbitration from National University of Singapore
• Advance Certificate in Training Assessment from Workforce Development Agency
Current Professional Affiliations
• Non-Practitioner Member of the Law Society of Singapore
• Fellow Member of Singapore Institute of Arbitrators
Past Professional Affiliations
• Member of Industrial Relations Panel of Singapore National Employers Federation (SNEF)
• Chairman of Industrial (Other Areas) Group of SNEF
• Council Member of Singapore Human Resource Institute (SHRI)
