New legislation on workplace fairness paves way for fairer, faster redress in workplace discrimination cases

Legislative improvements are underway for workers to seek redress for workplace discrimination.

The Workplace Fairness (Dispute Resolution) Bill, which outlines the process for individuals to file claims against firms alleged to have engaged in workplace discrimination, was tabled in Parliament on 14 October 2024.

The Bill is the second of the Workplace Fairness Act (WFA), and it aims to provide a fair, accessible, and expeditious pathway for resolving workplace disputes amicably—without the need for legal representation.

If passed, both legislations will be implemented by 2027, said the Ministry of Manpower (MOM).

Legal proceedings a last resort

The dispute resolution process, collaboratively designed by the MOM, the Singapore National Employers Federation (SNEF) and NTUC, encourages employers and employees to resolve disputes amicably among themselves.

The process caters for employees at various stages of employment, including pre-employment (jobseekers), in-employment and end-employment.

If the matter remains unresolved within the firm for employees at the in-employment or end-employment stages, parties should attempt mediation before resorting to adjudication.

Jobseekers with disputes may approach the Tripartite Alliance for Fair Employment Practices (TAFEP) directly for assistance.

An overview of the dispute resolution framework is as follows:

Dispute Resolution Framework [Infographic by MOM]

When legal proceedings are unavoidable

Given the sensitive nature of discrimination cases and the need to maintain workplace harmony, most WFA claims will be heard by the Employment Claims Tribunals (ECT).

According to MOM, the ECT provides a faster, more affordable, and less adversarial way to resolve employment disputes, with simplified procedures that do not require legal representation.

It will hear workplace discrimination claims of up to $250,000, while cases above that amount will go to the High Court.

Although legal representation is not allowed at the ECT, both employees and employers can turn to their respective unions for support.

Employees who are union members in unionised companies can have union representatives represent them for claims of up to $250,000 in mediation sessions and ECT hearings.

Workers who are union members in non-unionised companies will have access to tripartite mediation advisors (TMAs) who can assist in the mediation process.

Employers may have representatives from their unions, such as SNEF, represent them in mediation sessions and ECT hearings for claims between $30,000 and $250,000. This is provided that the employee making the claim can be represented by their own workers’ union.

Rules for workplace discrimination claims

Whether the case is heard in ECT or the High Court, all workplace discrimination claims will be heard according to a standard set of rules.

For one, claimants must attempt mediation before filing a claim at the ECT or High Court.

With that said, mediation requests must be submitted within a prescribed period. The deadline to submit a mediation request will be as follows:

• For pre-employment cases, requests must be submitted within one month of the incident.

• For in-employment cases, requests must be submitted within six months of the incident.

• For end-employment cases, requests must be submitted within one month from the last day of employment.

All cases will be heard in private, and the claimant and defendant must consider an amicable resolution during legal proceedings.

Whether cases are heard at the ECT or High Court, a judge-led approach will be taken where judges will take a proactive role in managing the case.

Both ECT and the High Court will be empowered to strike out frivolous claims. Claimants may be liable for costs associated with making frivolous claims on a case-by-case basis.

Beyond costs, individuals who choose to pursue frivolous or vexatious claims may face restrictions on further proceedings or investigation under the Administration of Justice (Protection) Act.

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