We refer to recent suggestions to enact an anti-discrimination law in Singapore (Speaking of equality - let's extend that to workplace law, Oct 10; New law needed to tackle discrimination, wrongful dismissal, Sept 29; and S'pore would benefit from an anti-discrimination law, Oct 1).

The tripartite approach of complementing employment legislation with tripartite guidelines has enabled Singapore to achieve good employment outcomes.

The vast majority of employers are responsible. While any case of discrimination is one case too many, the number of complaints about discrimination handled by the Tripartite Alliance for Fair and Progressive Employment Practices (Tafep) fell from 580 cases in 2015 to about 200 cases annually in recent years.

Discriminatory employers face consequences depending on the infringement. Being unable to apply for or renew work passes for 12 to 24 months may seem light to some, but it affects business operations in ways such as project delays, which will have an impact on the business financially. For making false declarations on fair hiring considerations, employers could also be jailed.

Anti-discrimination legislation is likely to entail lengthy dispute resolution processes, since it is possible to allege discrimination even when that is not the case, and responsible employers would face vexatious legal cases and incur unnecessary costs and time attending to them.

Any workplace grievance is best resolved amicably through the employer's grievance-handling procedures to maintain workplace relations. If it cannot be resolved at the workplace, there are avenues such as Tafep and the Tripartite Alliance for Dispute Management (TADM) for employees to seek help. These avenues enable both parties to resolve employment disputes quickly and at low cost.

For an employee who is wrongfully dismissed on discriminatory grounds, the person can seek recourse at TADM. The case can be brought up to the Employment Claims Tribunals if the employer does not attend TADM proceedings.

Overall, there should be a balance between employment protection and labour market flexibility. Given that only a minority of employers are discriminatory, the costs of legislation will outweigh the benefits.

Hence, the better way to tackle workplace discrimination is to assist employers to implement responsible employment practices and target the irresponsible employers.

Taking a legalistic approach to resolve workplace issues often results in rigidities and souring of workplace relations, which benefit neither the employer nor the employee.

We will continue to work closely with our tripartite partners to shape mindsets and employment practices to build inclusive workplaces.

Sim Gim Guan

Executive Director

Singapore National Employers Federation