FEATURES OF WORKPLACE FAIRNESS HEARINGS
Workplace fairness claims at both the ECT and High Court will be heard in private. Hearings will be closed to the media and other members of the public.
MOM said private hearings will preserve workplace and social harmony by minimising the inflammation of social tensions and public resentment against parties, especially when a case is ongoing.
Private hearings will also allow parties to share their honest views and focus on the ongoing case, without third parties present who may misrepresent or sensationalise the dispute, said the ministry.
However, this does not mean that gag orders will be imposed or that judgments will not be published. If the state takes enforcement action against errant employers, these will also continue to be public.
Both the ECT and High Court will adopt a “judge-led” approach, where the judge takes a proactive role in managing the case, said MOM.
This will include “guiding parties to define or narrow the key issues, filtering out irrelevant matters, and focusing on the evidence required”.
Judges can also take steps to move the case forward efficiently by making procedural orders on their own initiative, without formal applications from the parties.
This helps parties without legal training to navigate the claims process smoothly, said MOM.
Legal representation is not allowed at the ECT for all types of claims. Workers and employers can seek support from their respective unions, such as advice on their rights and obligations.
Asked about the rationale for this, MOM said that having no legal representation helps to ensure a “level playing field” between workers and employers.
The “judge-led” process also facilitates the ECT’s “quick and just” approach that does not involve any party incurring legal costs, said MOM.
This has worked well so far, and the experience has been that legal representation is not required for the types of disputes the ECT currently handles, the ministry said.
Even though legal representation before the ECT is not allowed, parties can seek legal advice outside of the ECT if there is a need to do so, added MOM. They can also seek union representation.
Workers’ union representatives can represent worker members in unionised companies in mediation and ECT hearings, for workplace fairness claims up to S$250,000.
Employers’ union representatives can represent employer members in mediation and ECT hearings for claims between S$30,000 and S$250,000, and only when the worker filing the claim can be represented by a union.
Union members in non-unionised companies can tap on tripartite mediation advisors, who are typically experienced industrial relations practitioners, said MOM.
Legal representation is allowed for workplace fairness claims at the High Court.
MOM said there are also safeguards against frivolous claims at both the ECT and High Court.
Judges can strike out claims at their own initiative, and companies can also apply to strike out claims.
Workers who pursue claims that are frivolous or vexatious can be ordered to pay costs, face restrictions on further proceedings or be investigated for abusing court processes.
To prepare for implementation of the Workplace Fairness Act, MOM encouraged employers to take stock of their human resource practices in line with existing Tripartite Guidelines on Fair Employment Practices.
There will be a new handbook to help workers and employers understand and apply the law, while TAFEP will also continue outreach and education efforts, the ministry said.
