The recent case of Goh Hui En Rebecca v. IG Asia Pte Ltd, SGHCR 20, demonstrates that employees are permitted to embark on sequential litigation against employers in certain circumstances, which could prove to be a successful litigation strategy for highly-remunerated executives whose compensation structure includes commission and performance incentives.
Ms. Goh was employed by IG Asia Pte Ltd (IGA) as a Premium Client Manager from November 2019 to September 2022. IGA terminated her employment with immediate effect for "serious misconduct" without paying salary in lieu of notice or outstanding sales credits. Goh pursued a two-phase litigation approach:
First, she filed a claim with the Employment Claims Tribunal (ECT) seeking S$20,000 (which is the monetary limit for ECT disputes) for salary in lieu of notice, which was successful.
Next, she subsequently commenced a separate claim in the High Court seeking payment of outstanding sales credits which Goh estimated to be S$300,000 and damages for defamation and negligence.
IGA applied to strike out Goh’s High Court claim on the grounds of abuse of process. IGA contended that under the doctrine of res judicata, the ECT decision barred further proceedings in civil courts and instead of sequential litigation, Goh should have brought all her claims to the High Court in the first place. IGA further argued that Goh's High Court claims were unsustainable because she could not rely on issue estoppel in her favour arising...
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