MOM seeks public feedback on workplace fairness dispute resolution

SINGAPORE – The Ministry of Manpower (MOM) is inviting the public to share their views on how workplace fairness disputes should be resolved under the upcoming workplace fairness laws.

As part of the proposals, MOM suggested that workplace fairness claims should be heard in private, given that discrimination disputes can be socially divisive, especially where race or religion is involved.

The ministry also proposed allowing employers to be represented by their unions during mediation sessions or hearings in certain cases.

The public consultation is open until Sept 19 and feedback can be submitted via an

online form

.

MOM outlined the key elements of the proposed regime for workplace fairness disputes in a

consultation paper uploaded on the website of government feedback unit Reach

. These include the approach for resolving these disputes quickly and amicably; where workplace fairness claims are heard and adjudicated; and how unions can represent parties who file workplace fairness claims.

On promoting an amicable and quick resolution, MOM said the disputes should be put through firms’ internal grievance handling processes first, before proceeding to mediation – which it plans to make mandatory.

This will mirror the current requirement for employment disputes to undergo mediation before they can be referred to the Employment Claims Tribunals (ECT) for adjudication, it noted.

MOM also proposed that workers and employers must consider reaching an amicable resolution again once a claim has been filed for adjudication. “In awarding costs, courts may take into account whether parties had made efforts at amicable resolution.”

Plans are also afoot to expand the ECT’s jurisdiction to all workplace fairness claims of $250,000 and lower. The High Court will hear all workplace fairness claims above $250,000.

Just as with claims for unpaid wages or unfair dismissal already heard by the ECT, employers and employees will not be allowed representation by lawyers under the proposed regime.

Instead, the ECT will adopt a judge-led approach, which includes guiding the parties to focus on the key issues of the dispute and the relevant evidence, MOM said.

The simplified proceedings planned for lower-value claims are intended to ensure disputes can be resolved quickly and affordably for both employers and employees, it added.

While MOM plans to allow legal representation at the High Court, a judge-led approach will also apply, albeit with stricter rules on evidence and procedure.

MOM said higher-value claims are generally more complex, for which parties can benefit from legal representation and stricter procedural safeguards. The ministry also mooted private hearings for workplace fairness claims, with proceedings closed to others such as the public and media.

“Given that discrimination disputes can be complex and socially divisive, especially where race or religion is involved, managing such disputes in a private forum would help to minimise publicity and the politicisation of such issues; protect the privacy of parties; and minimise the involvement of third parties who may misrepresent the dispute.”

MOM also intends to allow workers to be represented by their union for workplace fairness claims if they are employed in unionised companies.

Employers will also be allowed to be represented by their union at mediation sessions and ECT hearings, but only if the claim value is between $30,000 and $250,000; and the worker filing the claim can be represented by their worker union.

“This new feature of union representation for employers recognises their need for support with higher-value claims,” MOM said.