The Singapore government tabled on Tuesday the second part of its Workplace Fairness Act (WFA) that outlines the dispute resolution process for victims making claims related to discrimination.
The Workplace Fairness (Dispute Resolution) Bill was introduced to Parliament on Tuesday, seeking to introduce a “fair, accessible, and expeditious pathway” for resolving disputes.
The Ministry of Manpower (MOM) said the dispute resolution process under the bill aims to make adjudication the last resort.
“The dispute resolution process for workplace discrimination claims encourages parties to resolve disputes amicably among themselves,” MOM said in a statement.
“If the matter is not resolved within the firm and the individual wishes to make a claim against the firm, parties should attempt mediation first, before proceeding to adjudication as the last resort.”
Under the bill, workplace discrimination claims that are up to and including $250,000 will be heard at the Employment Claims Tribunal (ECT).
Anything that is above $250,000 will be directed to Singapore’s High Court, where strict rules of evidence and procedures will apply.
“Given the sensitive nature of discrimination claims and the importance of preserving workplace harmony, most WFA claims should be heard in the less adversarial ECT setting, with simplified procedures that workers can navigate without the need for legal representation,” MOM said.
Legal representation is not allowed if the claim is under the ECT, but MOM said workers and employers can turn to their unions for support.
“Two union representatives can advise workers and employers on their rights and obligations, help parties navigate claims, and encourage amicable settlements,” MOM added.
Meanwhile, the bill also permits employers to apply to strike out claims, which the ECT and the High Court can do.
Individuals who pursue “frivolous or vexatious claims” may face adverse cost orders, according to MOM. They may also be subjected to restrictions on further proceedings, as well as investigation under the Administration of Justice (Protection) Act.
Singapore’s Workplace Fairness Law
The Dispute Resolution Bill is the second part of Singapore’s Workplace Fairness Law, which comes months after the first one was passed.
If the second bill is also passed, the government said it intends both bills to be implemented in 2027.
“The Tripartite Partners and the Tripartite Alliance on Fair and Progressive Employment Practices will continue to support stakeholders in preparing for the WFA by providing clear, practical advice to employers and workers,” MOM said.
“Employers are encouraged to review their HR practices in alignment with the existing Tripartite Guidelines on Fair Employment Practices.”