Recognising If You Are Dismissed From Work on Proper Grounds
How could I be fired when all that I have done is for the benefit of the company? This is one example of how wrongful dismissal or unfair dismissal in Singapore may come across the employees’ feelings. Workplace disputes can sometimes result in dismissal or termination. Find out if you are wrongfully dismissed by your employer and what to do about it.
Workers and employers now have a better tripartite guideline that incorporates the grounds for wrongful dismissal. The guidelines for wrongful dismissal include discrimination, avoiding paying benefits, punishing the employee for exercising employment right and false reasons. The following are examples of cases for wrongful dismissals.
Employers may believe when the employee is given notice of dismissal, the dispute ends. But if the employer has made discriminatory remarks about the employee’s race or gender and preferring to hire someone from another race or the opposite gender, the employee can file for wrongful dismissal.
AVOIDING PAYING BENEFITS
Should an employee have informed the employer of her pregnancy or any other medical condition, yet the employer chooses to dismiss them with notice, and not paying any maternity benefits or medical entitlements, the employee has every right to file for wrongful dismissal against the employer. Again, the dismissal notice here is not the end of particular disputes.
When tempers fly, the argument can get tense to an extent where the finger-pointing and blaming gets into the picture. To end such a dispute, an employer may choose to provide reasons beyond belief and give notice of dismissal. A shocked but sound employee can file for wrongful dismissal for false reasons.
PUNISHING FOR EXERCISING EMPLOYMENT RIGHTS
Employees that do work and completes them within the stipulated hours are sometimes sneered at for being brilliant and efficient. Since they are productive and effective, they should be able to take leave whenever they desired as it is their right. Ineffective management frowns upon these acts deciding to punish and dismiss them. It is crystal clear that this is a wrongful dismissal.
If you believe you have been wrongfully dismissed, you can file for such claims, and must first be mediated at the Tripartite Alliance for Dispute Management (TADM) under the Tripartite Mediation Framework. If the mediation is unsuccessful, your next option is to have the Employment Claims Tribunal hear your claim. For better dispute hearing, it best that you provide proof together with your claims so that disputes can be resolved swiftly and amicably.
The guidelines also highlight examples of dismissals that are not wrongful and legitimate. These include poor performance, misconduct and redundancy. For legitimate dismissals, the employer needs to provide proof of poor performance such as incompetency to complete tasks accordingly, and negative work attitude. Employee misconduct is the only legitimate reason for dismissal without notice. Dismissal due to redundancy happens when there is excess manpower in the company, while the company is restructuring; thus the job ceased to exist.
These guidelines provide clarity for both employees and employers alike as it can help prevent frivolous claims by employees, curtail workplace disputes and reduce destructive arguments. Wrongful dismissal can leave a bad reputation for the company and its employee engagement, leading to grave business consequences.