New Bill sets out how employees can make discrimination claims at work
The Workplace Fairness (Dispute Resolution) Bill prioritises amicable resolution through internal grievance handling and mediation before adjudication
[SINGAPORE] A new Bill details how employees may lodge discrimination claims against their employers, following an earlier law that lays out what counts as discrimination.
Introduced in Parliament on Tuesday (Oct 14), the Workplace Fairness (Dispute Resolution) Bill proposes a three-tiered framework for resolving workplace disputes.
It places emphasis on internal grievance procedures and mediation before cases proceed to a tribunal or court.
This is the second of two Bills under the broader Workplace Fairness Act (WFA), which aims to promote fair treatment and strengthen workplace harmony.
If the second Bill is passed, the Act is expected to take effect in 2027. This is to give sufficient lead time to educate both employers and workers on the new law, said the Ministry of Manpower (MOM) at a media briefing ahead of the Bill’s tabling.
The first Workplace Fairness Bill was introduced last November and passed in Parliament this January.
BT in your inbox
Start and end each day with the latest news stories and analyses delivered straight to your inbox.
It prohibits adverse employment decisions based on five protected categories: age; nationality; sex, marital status, pregnancy and caregiving responsibilities; race, religion and language; and disability and mental health condition.
It also requires employers to establish internal grievance-handling procedures, and protects employees from retaliation.
Aiming for amicable resolutions
The Workplace Fairness (Dispute Resolution) Bill – developed in consultation with the National Trades Union Congress (NTUC) and the Singapore National Employers Federation (SNEF) – is intended to first encourage parties to “resolve their disputes amicably among themselves”, said MOM.
Under the proposed framework, individuals who believe they have been discriminated against should raise the issue through their company’s internal grievance-handling process.
This allows potential miscommunications to be clarified and helps preserve employment relationships where possible, said MOM.
If the matter remains unresolved, the Bill proposes that parties proceed to mediation to seek mutually agreeable outcomes.
Claimants must submit mediation requests within a prescribed time bar, which varies depending on the stage of employment.
MOM said having a deadline encourages individuals to come forward promptly, and gives employers assurance that historical incidents will not be dredged up indefinitely. It also helps prevent degradation of evidence, such as fading memories or the purging of records.
At the pre-employment or hiring stage, the proposed deadline to file a mediation request is one month from the date that the candidate receives notice of the allegedly discriminatory act from the employer – or the deemed notice, if none was given.
For example, if a qualified candidate is asked in an interview whether she intends to have children and says yes, and is then rejected for the role, she may suspect discrimination.
In such a case, she will not have to go through the potential employer’s internal grievance process, but must file a mediation request within one month of receiving the rejection.
For employed claimants, mediation requests must be filed within six months of receiving notice of the discriminatory act, or within one month of their final day of employment.
Exceptions to these deadlines may be granted on a case-by-case basis during the pre-employment and in-employment phases, such as when the claimant is pregnant or hospitalised.
MOM is reviewing the appropriate mediation service provider and will share details in due course.
Judicial forums
The Bill proposes that as a final recourse, claimants may seek adjudication through the Employment Claims Tribunal (ECT) for claims up to S$250,000, or the High Court for claims exceeding that amount.
The ECT, established in 2017, serves as a forum for resolving employment disputes quickly and affordably.
It currently hears salary-related and wrongful dismissal claims capped at S$20,000 for most employees, and S$30,000 for those covered under union representation. These thresholds are not expected to change under the proposed legislation.
However, the Bill proposes expanding the ECT’s monetary jurisdiction to S$250,000 specifically for workplace discrimination claims.
MOM said it does not expect workplace discrimination claims to reach significantly higher amounts than other types of employment claims.
Instead, the higher threshold aims to ensure that the majority of cases can be addressed by the ECT instead of going to court, “given the sensitive and socially divisive nature of discrimination issues”.
As with other civil claims, claimants will have to quantify and justify the compensation they seek, said MOM.
The ministry plans to work with NTUC and SNEF to educate workers and employers on appropriate compensation benchmarks across different contexts, to mitigate the risk of inflated claims.
For pre-employment claims, compensation will be capped at S$5,000, given that no employment relationship has been established.
Under the proposed law, legal representation will not be permitted during tribunal proceedings, but parties may still seek legal advice.
They can also turn to their unions for guidance on their rights and obligations, support in navigating claims, and assistance in reaching amicable settlements.
Union representatives may also represent parties during ECT hearings, subject to conditions. Workers can be represented if they are union members in unionised companies, for claims up to S$250,000.
For employers, union representation will be permitted for claims between S$30,000 and S$250,000, but only where the worker is eligible for union representation.
Union members in non-unionised companies cannot be represented by the union in ECT hearings, but still have access to tripartite mediation advisers for guidance and support.
NTUC assistant secretary-general Patrick Tay said the labour movement stands ready to provide advice and support to members facing such claims.
The labour movement will also equip union leaders and industrial relations officers to guide and support members through their WFA claims, he said in a statement on Tuesday.
When claims are escalated to the High Court, strict rules of evidence – such as text messages, e-mails and testimonies – and procedure will apply.
Individuals who cannot afford a lawyer may consider seeking pro bono legal assistance, said MOM.
Given the sensitivities surrounding discrimination-related claims, proceedings in both the ECT and the High Court would generally be held in private. MOM said this is to prevent misrepresentation or sensationalism in the public domain.
But if a breach of the law is uncovered and prosecution is required, the proceedings or outcome may be made public.
Whether in the ECT or in court, judges will take a proactive role in guiding parties to focus on key issues, including evidence required, and give instructions to move the case forward.
Companies may apply to have claims struck out for being frivolous or unsubstantiated. Judges in the ECT and High Court may also do so on their own initiative.
Individuals who pursue frivolous or vexatious claims may face consequences such as adverse cost orders, restrictions on future proceedings, or investigation under the Administration of Justice (Protection) Act.
Copyright SPH Media. All rights reserved.
