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 → 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.
