All questions
Year in review
While there have not been any monumental shifts in the law, there have been noteworthy cases where the courts have clarified and provided judicial guidance on oft-litigated employment issues, such as (1) employee misconduct, breach of confidence or confidentiality and the implied term or obligation of mutual trust and confidence that are related to the termination of employment and (2) the claimable loss in wrongful dismissal cases.
The observed trend points towards the increasing focus of employer-led investigations of misconduct, which is not surprising given the requirement for a 'due inquiry' under the Employment Act11 and the Wrongful Dismissal Guidelines. The findings of fact or determinations arising from these investigations typically form the basis for summary dismissal or termination, and it is now clear that employers must take greater care in conducting and documenting such investigations and findings.
i Wrongful dismissalMisconduct
In Singapore, an employee can be dismissed with notice without a reason being given. Such dismissals are presumed not to be wrongful. However, an employer that gives a reason for the dismissal, such as poor performance, must substantiate the reason. If the employer cannot do so, the dismissal is wrongful. Even if notice was given, the dismissal may be wrongful if the employee can substantiate a wrongful reason for the dismissal, such as discrimination, retaliation or to deprive the employee of a...
Congress leader Jairam Ramesh criticised the Election Commission of India (ECI) on October 2 for appointing a committee to review ECINET’s compliance with legal provisions, describing the commissi...