Wrongful Termination in Singapore: Know Your Rights Under the Employment Act

What Counts as Wrongful Dismissal in Singapore?

Under Singapore's Employment Act (Part IV), wrongful dismissal occurs when an employer terminates an employee without just cause or excuse. Since April 2019, all employees (not just those earning below the salary cap) can file wrongful dismissal claims.

Types of Wrongful Dismissal

Dismissal without just cause — No valid reason such as poor performance, misconduct, or redundancy

Constructive dismissal — Employer makes working conditions so intolerable that the employee is forced to resign

Dismissal in breach of contract — Failing to follow contractual notice periods or procedures

Retaliatory dismissal — Terminating an employee for exercising their employment rights (e.g., filing a salary claim, taking maternity leave)

How to File a Wrongful Dismissal Claim

Step 1: Mediation at TADM

File a claim with the Tripartite Alliance for Dispute Management (TADM) within one month of your last day of employment. Mediation is free and mandatory before escalating.

Step 2: Employment Claims Tribunal (ECT)

If mediation fails, you can escalate to the ECT within one month of the TADM outcome. The ECT can order reinstatement or compensation of up to 24 months' salary.

Key Time Limits

TADM claim: within 1 month of dismissal
ECT claim: within 1 month of failed mediation
Missing these deadlines can extinguish your claim entirely

Building a Strong Case

Documents to Gather

Employment contract and any amendments
Termination letter or email
Performance reviews and appraisals
Email correspondence about the dismissal
Payslips and CPF contribution records
Any written warnings or disciplinary records
Messages (WhatsApp, SMS) related to the dismissal
Witness statements from colleagues

What the Tribunal Looks For

Was there a valid reason for dismissal?
Did the employer follow proper procedures?
Was the employee given an opportunity to respond?
Is there a pattern of unfair treatment?
Were contractual notice provisions followed?

Common Employer Defences

Poor performance — backed by documented warnings and performance improvement plans

Misconduct — supported by investigation findings

Redundancy — genuine restructuring with fair selection criteria

Probationary termination — during probation period with notice

How to Counter These Defences

Show that performance reviews were positive or neutral
Demonstrate that the "misconduct" was fabricated or trivial
Prove that redundancy targeted you specifically (e.g., replaced by someone else)
Show that probation termination was discriminatory

Compensation You Can Seek

Reinstatement to your position
Compensation in lieu of reinstatement (up to 24 months' salary)
Outstanding salary, bonuses, and leave encashment
CPF contributions that should have been made

Analyse Your Employment Dispute

Upload your employment contract, termination letter, emails, and performance reviews to ArguLens AI. Get a detailed analysis of your case strengths, weaknesses, and what the other side may argue.

[Analyse your case →](/case/new)

This article is for informational purposes only and does not constitute legal advice. Always consult a qualified employment lawyer for advice specific to your situation.