Bhuta Viral Ashok v UTI International (Singapore) Private Limited and others [2021] SGDC 109
In Bhuta Viral Ashok v UTI International (Singapore) Private Limited and others [2021] SGDC 109, the Singapore District Court rejected the plaintiff ex-employee's claim that his dismissal from employment had been a retaliation for his "whistleblowing" actions, after a detailed scrutiny of the available evidence. This case may be one of the first reported decisions where the Court examined the circumstances under which a complainant would be deemed a genuine whistleblower, such that the complainant may avail himself to the relevant contractual protections afforded to whistleblowers commonly found in the policies of large organisations.
Facts
DC/DC 2058/2017 ("DC 2058") was an action by the plaintiff ex-employee against the defendants for wrongful dismissal, defamation, and conspiracy to injure.
The Plaintiff was an ex-employee who had been employed by the Company as a "Portfolio Manager – Fixed Income" and registered as a capital markets services representative with the Monetary Authority of Singapore ("MAS"). Sometime in December 2015, the defendant company ("Company") terminated his employment following an investigation into allegations of misconduct made against the Plaintiff by several of his colleagues. Due the allegations of misconduct against the Plaintiff, the Company had to make the necessary reports to MAS in respect of the investigations and the Plaintiff's termination.
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