What is Constructive Dismissal Singapore
The Employment Act for Constructive Dismissal
In Singapore, the Employment Act experienced important changes on April 1, 2019, particularly in Section 14(2). These amendments help protect employees from being unfairly dismissed. Initially, only non-managerial workers under a certain salary could use these protections. Now, more employees, including managers, can utilise these rights. The updates make it easier for employees who feel they’ve been wrongly forced to quit their jobs to bring their cases to the Employment Claims Tribunals. This ensures employees facing unfair treatment have better support to protect their rights.
Common Scenarios Leading to Constructive Dismissal
Common scenarios leading to constructive dismissal often involve situations where the employer’s actions make it untenable for the employee to continue working. Here are some scenarios:
Significant changes to job roles, salary, or working conditions without the employee's agreement can lead to constructive dismissal.
Persistent harassment, bullying, or discrimination that the employer fails to address can create a toxic workplace, forcing the employee to resign.
If an employer ignores or inadequately responds to legitimate complaints about workplace issues, it may push the employee to leave.
Imposing unreasonable workloads or expectations that significantly affect the employee's health and well-being can be grounds for constructive dismissal.
Any violation of the employment contract by the employer, such as not paying agreed wages or benefits, can lead to constructive dismissal.
These scenarios highlight the importance of maintaining a fair and respectful work environment to prevent constructive dismissal claims.
Employee Rights
Employees facing constructive dismissal have several rights under the Employment Act. They are entitled to legal recourse and can seek remedies through employment tribunals. Keeping thorough documentation of incidents and employment terms can strengthen their case. Employment contracts serve as critical evidence in disputes, underscoring the importance of maintaining detailed employment records.
Employer Obligations
Employers are responsible for fostering a fair and respectful workplace. Preventing constructive dismissal involves clear communication of job expectations and addressing grievances swiftly. Employers should strive to maintain reasonable employment practices and encourage an open dialogue to resolve issues before they escalate.
Proving constructive dismissal
Previously, before the amendments, it is for the employee to prove that:
- There was be a breach of a fundamental condition of the employment agreement;
- The employee must have accepted the breach;
- The breach must have caused the employee to leave his or her employment.
After the amendments, what the employee now needs to prove is similar. The employee needs to show that the resignation was not voluntary but was forced to do so due to the conduct or omission of the employer. This can be in the form of multiple instances of such conduct or omission or a single instance of such conduct or omission.
Here are the steps to prove constructive dismissal:
Collect all relevant documents and records that show the employer's actions leading to your resignation. This may include emails, memos, or any other written communication that supports your claims.
Keep a detailed log of all the incidents that contribute to the hostile work environment or breach of contract. Note dates, times, and descriptions of what occurred, including witnesses to these events.
Save all correspondence with your employer regarding the issues you are facing. This can include email exchanges, meeting notes, or any written requests for changes or improvements.
- Consult with a legal professional who specialises in employment law. They can provide guidance on how to structure your case, ensuring that the evidence you present is compelling and comprehensive.
If necessary, report your situation to the Ministry of Manpower (MOM) in Singapore. Filing a complaint with MOM can support your case by providing an official record of your grievances. MOM may investigate your claims and offer mediation services to help resolve the issue.
It is important to show that the employer's actions were severe enough to justify your resignation. You must prove that any reasonable person in your position would feel compelled to resign due to the circumstances.
What you can do?
If you have been the subject of such a hostile environment, you may be able to bring a claim for wrongful dismissal under the ground of statutory constructive dismissal under the Employment Act. An employee who was forced to resign can apply for reinstatement or compensation instead of reinstatement.
However, it is crucial bear in mind that if the dismissal were effected with notice or payment instead of notice in accordance with the terms of the employment agreement, even though no reason was given for the dismissal, this dismissal would be presumed not to be wrongful. The employee must be able to prove that the dismissal was wrongful.
When dismissal is not wrongful?
Under the guidelines provided by the Tripartite Guidelines on Wrongful Dismissal (“Tripartite Guidelines”), there are certain scenarios where dismissals are considered legitimate. They are:
Where the employee commits some form of misconduct
e.g. theft, dishonesty at work, bringing the organisation into disrepute, insubordination; the Tripartite Guidelines further state that misconduct is the only permissible ground for summary dismissal;
The employee performs poorly consistently
i.e. the poor performance is documented in performance reviews, and the employee failed to improve despite reasonable chances to do so; and
Redundancy
e.g. where the employer has excess manpower or the company is undergoing restructuring, or the old job is no longer required.
However, the employer must be able to prove the relevant ground for termination. Therefore, any decision by the employer to terminate the employment agreement must be able to support the decision.
How we can help?
Being unfairly treated and pressured into resigning from your employment is a painful experience, but you may have a case of constructive dismissal against your former employer. Our lawyers are experienced in these matters, and if you feel you have been harassed and bullied into resigning, please contact us. We will have a fruitful consultation with you on your available options.
