Judges to determine costs awarded under new workplace fairness law
For non-unionised workers, Tafep will be their first port of call, says Manpower Minister Tan See Leng
[SINGAPORE] When a worker and employer head for adjudication to resolve disputes under the newly passed Workplace Fairness (Dispute Resolution) Bill, the judge will determine the quantum of costs awarded, Manpower Minister Tan See Leng said in Parliament on Tuesday (Nov 4).
“The judge may consider factors such as the conduct of the parties during the proceedings and the efforts made by parties at amicable resolution,” he said, replying to questions from Members of Parliament on how costs would be decided.
Responding to MPs’ calls to publish these judgments for transparency, Dr Tan said his ministry is working with the courts to make Employment Claim Tribunal (ECT) judgments publicly accessible.
This will include judgments made under the Workplace Fairness Act (WFA), for which the second half of legislation was passed on Tuesday.
While workplace discrimination hearings will be private, this does not mean judgments will be kept private, he added.
“We agree: Making WFA judgments publicly accessible will help employers and workers better understand how the law is applied,” he said, in wrapping up the debate on the new law.
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Tafep for non-unionised workers
Several MPs also asked about support for workers who will not have legal representation during mediation or ECT proceedings.
For non-unionised workers, the Tripartite Alliance for Fair and Progressive Employment Practices (Tafep) should be their first port of call, said Dr Tan.
Union members in non-unionised companies cannot be represented by unions either, he noted. This is because union representation is premised on mutual recognition and trust between the employer and the union, which is why Singapore’s laws provide for a process of recognition of a union by the employer.
“Allowing unions to represent workers when they have not been recognised by their employer would undermine this fundamental tenet of tripartism and seed an adversarial relationship between unions and employers,” he said.
Instead, union members in non-unionised companies can turn to the National Trades Union Congress’ team of industrial relations experts and tripartite mediation advisers for support and advice.
On whether outsourced workers and platform workers would be covered in future, Dr Tan said the government wants to take a “surefooted and prudent approach” to implement the WFA.
This is why the law focuses on protecting workers in an employer-employee relationship.
Still, the Tripartite Guidelines on Fair Employment Practices will be updated to clarify that platform workers and corporate service buyers should not discriminate based on non-job related characteristics, he added, reiterating a point made in January when the first Bill for the WFA was passed.
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