PART 3 | Division 1 — Establishment of tribunals and appointments |
| Establishment of tribunals |
| 8. The President may, under section 4 of the State Courts Act 1970, constitute one or more Employment Claims Tribunals. |
| Appointment and qualifications of tribunal magistrate |
9.—(1) A tribunal is presided over by —| (a) | a tribunal magistrate appointed by the President on the recommendation of the Chief Justice; or | | (b) | a tribunal magistrate designated under subsection (5). |
| (2) An individual is eligible for appointment under subsection (1)(a) as a tribunal magistrate if the individual is a qualified person as defined in section 2(1) of the Legal Profession Act 1966. |
| (3) An individual appointed under subsection (1)(a) as a tribunal magistrate holds office for a term specified in the individual’s instrument of appointment, and may be re‑appointed. |
| (4) Despite subsection (3), the President may, on the recommendation of the Chief Justice, at any time revoke the appointment under subsection (1)(a) of a tribunal magistrate. |
| (5) The Presiding Judge of the State Courts may designate any District Judge as a tribunal magistrate. |
| (6) Any individual appointed under subsection (1)(a) or designated under subsection (5) as a tribunal magistrate may, although the period of the individual’s appointment or designation has expired, or the individual’s appointment or designation has been revoked, sit as a tribunal magistrate for the purpose of giving judgment or otherwise in relation to any case heard by the individual as a tribunal magistrate. |
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10.—(1) A registry is established for the tribunals.| (2) The Registry keeps all records of the tribunals. |
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| Registrar, deputy registrars, assistant registrars and other officers |
11.—(1) The registrar of the State Courts is the registrar for the tribunals.| (2) The Chief Justice may appoint deputy registrars, assistant registrars and other officers for the tribunals to assist the registrar for the tribunals in the administration of this Part and the Registry. |
| (3) To the extent authorised by this Act or by Rules of Court made under section 33, the jurisdiction and powers of a tribunal may be exercised by the registrar for the tribunals. |
| (4) All the powers and duties of the registrar for the tribunals may be exercised and performed by a deputy registrar or an assistant registrar for the tribunals. |
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| Division 2 — Jurisdiction of tribunals |
| Jurisdiction of tribunal to hear and determine claims |
12.—(1) Subject to this Act, a tribunal has jurisdiction to hear and determine any claim in relation to which all applicable requirements set out in subsections (2) to (7) are satisfied, regardless whether the dispute giving rise to the claim arose before, on or after 1 April 2017.(2) The claim must be made —| (a) | by an employee who is prescribed or belongs to a prescribed class of employees (or a person entitled under any written law to receive an amount claimed (if any) in place of the employee) against the employer of the employee; | | (b) | by an employee who is prescribed or belongs to a prescribed class of employees (or a person entitled under any written law to receive the amount claimed in place of the employee) against a person liable under section 65 of the Employment Act 1968 for the employee’s salary; or | | (c) | by an employer who is prescribed or belongs to a prescribed class of employers (or a person entitled under any written law to receive the amount claimed in place of the employer) against an employee of the employer for an amount relating to a specified employment dispute concerning —| (i) | any matter specified in item 17 of the First Schedule or item 14 or 16 of the Second Schedule; or | | (ii) | any other matter specified in the First or Second Schedule that is prescribed for the purposes of this sub‑paragraph. [55/2018] |
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(3) The claim must be for either or both of the following:| (a) | one or more amounts alleged to be payable by the respondent to the claimant; | | (b) | reinstatement, by the respondent, of the claimant in the claimant’s former employment, in a case where the claim is lodged in respect of a wrongful dismissal dispute. [55/2018] |
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| (4) Each amount alleged to be payable under the claim must relate to a specified employment dispute. |
| (5) The claim must be supported by a claim referral certificate issued in respect of every specified employment dispute for which the claim is lodged. |
| (6) The claim must be lodged with the tribunal within the prescribed period after the date of issue of the claim referral certificate supporting the claim. |
(7) The total amount alleged to be payable under the claim must satisfy the following conditions:| (a) | the total amount alleged to be payable under the claim, in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which the claim is lodged, must not exceed the prescribed claim limit applicable to the claimant for the purposes of this paragraph; | | (b) | the total amount alleged to be payable under the claim, in respect of every wrongful dismissal dispute (if any) for which the claim is lodged, must not exceed the prescribed claim limit applicable to the claimant for the purposes of this paragraph. [55/2018] |
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(8) Regulations made under section 34 may —| (a) | prescribe different employees or classes of employees for different categories of claims or different categories of specified employment disputes; | | (b) | prescribe different employers or classes of employers for different categories of claims or different categories of specified employment disputes; | | (c) | prescribe any matter mentioned in subsection (2)(c)(ii); | | (d) | prescribe the period in subsection (6), including different periods for different categories of claims and different circumstances; and | | (e) | prescribe the claim limits in subsection (7)(a) and (b), including different claim limits for different classes of claimants and different circumstances. [55/2018] |
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13.—(1) A claim is lodged with a tribunal by filing the claim with the Registry.(2) Every claim —| (a) | must be filed in the form and manner —| (i) | prescribed by Rules of Court made under section 33; or | | (ii) | specified in practice directions issued by the registrar of the State Courts; and |
| | (b) | must be accompanied by —| (i) | a claim referral certificate issued in respect of every specified employment dispute for which the claim is lodged; | | (ii) | any other documents that may be —| (A) | prescribed by Rules of Court made under section 33; or | | (B) | specified in practice directions issued by the registrar of the State Courts; and |
| | (iii) | the court fee (if any) prescribed by Rules of Court made under section 33. |
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| 14. A claim cannot be divided and pursued in separate proceedings before a tribunal if the only reason for doing so is to bring the total amount alleged to be payable in each of those proceedings within the jurisdiction of a tribunal. |
| Claimant may abandon part of claim |
15.—(1) Where —| (a) | the total amount alleged to be payable under a claim, in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which the claim is lodged, exceeds the prescribed claim limit in section 12(7)(a) that is applicable to the claimant; or | | (b) | the total amount alleged to be payable under a claim, in respect of every wrongful dismissal dispute (if any) for which the claim is lodged, exceeds the prescribed claim limit in section 12(7)(b) that is applicable to the claimant, |
| the claimant may abandon the excess amount. |
[55/2018] (2) If the claimant abandons the excess amount —| (a) | the requirement in section 12(7) is deemed to be satisfied in relation to the claim; | | (b) | the tribunal has jurisdiction to hear and determine the claim; and | | (c) | an order of the tribunal in relation to the claim fully discharges all demands in respect of the claim. [55/2018] |
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| (3) Where the claimant has abandoned the excess amount, the claimant cannot recover that amount in a tribunal or any other court. |
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| Other proceedings relating to claim |
16.—(1) A claim relating to a specified employment dispute cannot be lodged with a tribunal if —| (a) | any proceedings relating to that claim are pending in, or have been heard and determined by, any other court or an Industrial Arbitration Court; or | | (b) | a claim lodged under section 119 of the Employment Act 1968 in respect of that dispute is pending, or the Commissioner has inquired into and decided that dispute under section 115 of that Act. [55/2018] |
| (2) Despite any other written law, where a claim relating to a specified employment dispute is lodged with a tribunal, no proceedings relating to that claim can be commenced in any other court or an Industrial Arbitration Court by either party against the other, unless the claim is withdrawn, discontinued or dismissed for lack of jurisdiction. [55/2018] |
(3) Where an employee is dismissed, the employee cannot lodge with a tribunal a claim for any amount relating to a specified employment dispute concerning a matter specified in item 17 of the First Schedule, or item 13 or 15 of the Second Schedule, that arises from that dismissal, if —| (a) | the employee —| (i) | has made representations in writing under section 35(3) of the Industrial Relations Act 1960 to the Minister mentioned in that provision; or | | (ii) | has made representations in writing under section 8(1) of the Retirement and Re‑employment Act 1993 to the Minister mentioned in that provision; and |
| | (b) | either of the following applies:| (i) | the employee does not withdraw those representations; | | (ii) | the Minister concerned makes a decision on those representations. [55/2018] |
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(4) Where an employee is dismissed, and the employee lodges with a tribunal a claim for any amount relating to a specified employment dispute concerning a matter specified in item 17 of the First Schedule, or item 13 or 15 of the Second Schedule, that arises from that dismissal —| (a) | the claim is deemed to be discontinued, if the employee —| (i) | makes representations in writing under section 35(3) of the Industrial Relations Act 1960 to the Minister mentioned in that provision; or | | (ii) | makes representations in writing under section 8(1) of the Retirement and Re‑employment Act 1993 to the Minister mentioned in that provision; and |
| | (b) | the claim is deemed to be discontinued with effect from the date on which the employee makes those representations. [55/2018] |
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(5) Where an employee is dismissed, the employee cannot lodge with a tribunal a claim relating to a wrongful dismissal dispute, if —| (a) | the employee has made representations in writing under section 35(3) of the Industrial Relations Act 1960 to the Minister mentioned in that provision; and | | (b) | either of the following applies:| (i) | the employee does not withdraw those representations; | | (ii) | the Minister concerned makes a decision on those representations. [55/2018] |
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(6) Where an employee is dismissed, and the employee lodges with a tribunal a claim relating to a wrongful dismissal dispute —| (a) | the claim is deemed to be discontinued, if the employee makes representations in writing under section 35(3) of the Industrial Relations Act 1960 to the Minister mentioned in that provision; and | | (b) | the claim is deemed to be discontinued with effect from the date on which the employee makes those representations. [55/2018] |
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(7) Where an employee has made representations in writing under section 8B(1) of the Retirement and Re‑employment Act 1993 to the Minister mentioned in that provision, the employee cannot lodge with a tribunal a claim for employment assistance payment, unless —| (a) | that Minister allows, under section 8B(7) of that Act, the employee to submit to the Commissioner a mediation request in respect of the specified employment dispute for which the employee’s claim for employment assistance payment will be lodged; and | | (b) | a claim referral certificate is issued in respect of that dispute. |
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(8) Where, after an employee has lodged with a tribunal a claim for employment assistance payment, the employee makes representations in writing under section 8B(1) of the Retirement and Re‑employment Act 1993 to the Minister mentioned in that provision —| (a) | the claim is stayed until that Minister decides whether to allow, under section 8B(7) of that Act, the employee to submit to the Commissioner a mediation request in respect of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged; | | (b) | if that Minister decides not to allow the employee to submit to the Commissioner a mediation request in respect of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged, the claim is deemed to be discontinued with effect from the date of that Minister’s decision; and | | (c) | if that Minister decides to allow the employee to submit to the Commissioner a mediation request in respect of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged, the employee may proceed with the claim. |
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| (9) Where an employee has lodged with a tribunal a claim for employment assistance payment, the employer of the employee cannot defend the claim on the ground that the employee does not satisfy the re‑employment eligibility criteria set out in section 7(1) of the Retirement and Re‑employment Act 1993, if the employer did not raise this defence during the mediation under Part 2 of the specified employment dispute concerning the employment assistance payment. |
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17.—(1) Where it appears to an appropriate court, on the application of a party to any proceedings before a tribunal, that there is sufficient reason for those proceedings, or a counterclaim in those proceedings, to be dealt with by that court, that court may order those proceedings or that counterclaim (as the case may be) to be transferred to that court.| (2) An application under subsection (1) must be made within the time and manner prescribed by Rules of Court made under section 33. |
| (3) An order under subsection (1) may be made on any terms that the appropriate court thinks fit. |
| (4) Where the appropriate court orders under subsection (1) that a counterclaim in proceedings before a tribunal be transferred to that court, and the tribunal determines the claim in those proceedings by ordering the respondent to pay money to the claimant, unless that court at any time otherwise orders, execution or enforcement on the tribunal’s order is stayed until the proceedings on the counterclaim are concluded. [Act 25 of 2021 wef 01/04/2022] |
| (5) In this section, “appropriate court” means the General Division of the High Court, a District Court or a Magistrate’s Court. [40/2019] |
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| Division 3 — Proceedings before tribunal |
| Proceedings conducted in private unless tribunal orders otherwise |
| 18.—(1) Subject to subsections (2), (3), (4) and (5), all proceedings before a tribunal are to be conducted in private. [55/2018] (2) A tribunal may, on its own initiative or on the application of any party to the proceedings, and in the manner prescribed by Rules of Court made under section 33, do either or both of the following:| (a) | allow one or more individuals to assist in resolving the claim amicably through mediation or conciliation; | | (b) | allow one or more individuals of skill and experience in the matter to which the proceedings relate to sit with the tribunal and act as assessors. |
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(3) A tribunal may permit an officer appointed under section 3(2) of the Employment Act 1968 to participate in any proceedings before a tribunal by doing one or more of the following:| (a) | giving evidence in the proceedings; | | (b) | producing any document, record or thing that is relevant to the proceedings; | | (c) | making submissions in the proceedings. [55/2018] |
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(4) A tribunal may permit one or more of the following to observe the hearing of a claim:| (a) | any prescribed individual; | | (b) | any individual belonging to a prescribed class of individuals; | | (c) | any other individual that the tribunal deems fit. |
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| (5) Regulations made under section 34 may prescribe different individuals or classes of individuals for different categories of claims for the purposes of subsection (4). |
| (6) To avoid doubt, subsection (1) does not prevent a tribunal from hearing 2 or more claims together, if it appears to the tribunal that doing so is convenient and does not prejudice any party to any of those claims. |
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| Representation before tribunal |
19.—(1) Except as provided in subsections (2) and (3), a party to proceedings before a tribunal —| (a) | must act in person; | | (b) | cannot be represented by an advocate and solicitor; and | | (c) | cannot be represented by an agent, whether paid or otherwise. |
(2) A party other than an individual may be represented —| (a) | if the party is the Government, by a public officer; | | (b) | if the party is a body corporate, by an officer, or a full‑time employee, of the body corporate; | | (c) | if the party is a partnership, by a partner, or a full‑time employee, of the partnership; | | (d) | if the party is an unincorporated association, by a member of the governing body, or a full‑time employee, of the unincorporated association; or | | (e) | by any other individual prescribed by regulations made under section 34. |
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| (3) A party who is an individual may be represented by any other individual by regulations made under section 34. |
| (4) For the purposes of subsections (2)(e) and (3), the regulations made under section 34 may prescribe different individuals for different parties and different circumstances. |
(5) In this section —| “body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005; |
| “officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate. |
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| Hearing to be informal, etc. |
20.—(1) Proceedings before a tribunal are to be conducted in an informal manner.(2) A tribunal, when dealing with any claim, is to adopt a judge‑led approach, that is to say, the tribunal —| (a) | is to identify the relevant issues in the claim; and | | (b) | is to ensure that the relevant evidence is adduced by the parties to the proceedings before the tribunal. |
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| (3) In adopting a judge‑led approach, a tribunal may, at any time, on its own initiative or on the application of any party to the proceedings before the tribunal, direct any party or parties to those proceedings to appear before the tribunal, for the tribunal to make such order or give such direction as the tribunal thinks fit, for the just, expeditious and economical disposal of the claim. |
(4) A tribunal may, on its own initiative or at the request of any party, summon any person to do either or both of the following:| (a) | give evidence in any proceedings before a tribunal; | | (b) | produce any document, record or thing which is relevant in any proceedings before a tribunal. |
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| (5) A tribunal may inquire into any matter which the tribunal considers relevant to a claim, whether or not the matter is raised by a party to the claim. |
| (6) When deciding any claim for employment assistance payment, or calculating the amount of an employment assistance payment, a tribunal may take into account the tripartite guidelines on re‑employment. [55/2018] |
(7) When deciding any claim involving a wrongful dismissal dispute, a tribunal —| (a) | is to have regard to the tripartite guidelines on wrongful dismissal; and | | (b) | if any compensation is claimed, is to calculate the amount of that compensation in accordance with any regulations made under section 34(1). [55/2018] |
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| (8) To avoid doubt, if any party to any proceedings before a tribunal, without reasonable excuse, fails to attend those proceedings, a tribunal may hear the claim and make its decision in the absence of that party, even if the interests of that party may be prejudicially affected by the decision of the tribunal. |
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21.—(1) A tribunal —| (a) | is not bound by the rules of evidence in the conduct of any proceedings; and | | (b) | may inform itself on any matter in any manner that the tribunal thinks fit. |
| (2) A tribunal may draw any inferences that the tribunal thinks fit from a party’s failure to comply with any obligation of that party under any written law specified in the Fourth Schedule, including (but not limited to) an inference that any evidence that is not available on account of that party’s failure to comply with that obligation would, if produced, have been unfavourable to that party. [55/2018] |
| (3) Subject to subsection (4), evidence tendered to a tribunal need not be given on oath or affirmation. |
(4) A tribunal may —| (a) | require the whole or any part of any evidence tendered to a tribunal, whether orally or in writing, to be given on oath or affirmation; and | | (b) | for that purpose, administer an oath or affirmation. |
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| (5) A tribunal may, on its own initiative, seek such other evidence, and make such other investigations and inquiries, as the tribunal thinks fit. |
| (6) All evidence and information obtained by a tribunal under subsection (5) for any proceedings must be disclosed to every party to those proceedings. |
| (7) A tribunal may require any written evidence given in proceedings before a tribunal to be verified by statutory declaration. |
(8) A tribunal need not keep a record of the evidence given in any proceedings before the tribunal, but must make —| (a) | a summary of the facts and issues in dispute, as determined by the tribunal; and | | (b) | notes of the proceedings. |
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22.—(1) A tribunal may determine a claim within the tribunal’s jurisdiction by making one or more of the following orders:| (a) | an order requiring a party to pay money to another party; | | (b) | an order dismissing the whole or any part of the claim; | | (c) | an order requiring a party to pay costs to another party; | | (d) | an order requiring an employer to reinstate an employee in the employee’s former employment. [55/2018] |
(2) In deciding whether to make an order under subsection (1)(c), a tribunal may take into account any of the following matters:| (a) | whether the claim was frivolous or vexatious; | | (b) | whether a party without reasonable excuse failed to attend a mediation under Part 2, or a tripartite mediation (conducted by an approved mediator), of a specified employment dispute for which the claim is lodged; | | (c) | whether any party without reasonable excuse failed to attend any proceedings before the tribunal which that party was required to attend. |
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| (3) A tribunal’s order under subsection (1) is subject to any conditions that the tribunal thinks fit to impose. |
| (4) The total amount of money that a tribunal orders to be paid to a party under subsection (1)(a), in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) for which a claim is lodged, must not exceed the prescribed claim limit in section 12(7)(a) that is applicable to the party. [55/2018] |
| (5) The total amount of money that a tribunal orders to be paid to a party under subsection (1)(a), in respect of every wrongful dismissal dispute (if any) for which a claim is lodged, must not exceed the prescribed claim limit in section 12(7)(b) that is applicable to the party. [55/2018] |
(6) To avoid doubt —| (a) | any amount of money that a tribunal orders to be paid under subsection (1)(a) does not include any costs that a tribunal orders to be paid under subsection (1)(c); and | | (b) | where a tribunal orders a party to pay an amount of money under subsection (1)(a) and costs under subsection (1)(c), any money paid by the party is to be applied first to the payment of the amount under subsection (1)(a), and then to the payment of the costs under subsection (1)(c). |
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| (7) Where a tribunal does not have jurisdiction to determine a claim or any part of a claim, that claim or part (as the case may be) must be dismissed for lack of jurisdiction. |
| (8) A tribunal may, instead of determining a claim by making an order under subsection (1), refer any specified employment dispute for which the claim is lodged for mediation under Part 2 (if the claim arose from a mediation under Part 2) or for tripartite mediation to be conducted by an approved mediator (if the claim arose from a tripartite mediation conducted by an approved mediator), with or without the consent of the parties. |
| (9) A tribunal may, when making a referral under subsection (8), order all or any of the parties to personally attend the mediation under Part 2 or the tripartite mediation (as the case may be). |
(10) A tribunal may correct an order made by the tribunal within 14 days after the date on which the order is made, or correct a statement of the tribunal’s grounds for making the order within 14 days after the date on which the statement is issued by the tribunal, to the extent necessary to rectify any of the following things:| (a) | a clerical mistake; | | (b) | an error arising from an accidental slip or omission; | | (c) | a material miscalculation of figures, or a material mistake in the description of any person, thing or matter, referred to in the order or statement (as the case may be); | | (d) | a defect of form. |
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| (11) The tribunal may make the correction in subsection (10) on its own initiative or on the application of a party to the proceedings before the tribunal. |
| (12) Every order made by a tribunal under subsection (1) may be enforced in the same manner as a judgment given or an order made by a District Court. |
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| Appeal to General Division of High Court |
23.—(1) Any party to proceedings before a tribunal may appeal to the General Division of the High Court against an order made by the tribunal under section 22(1) —| (a) | on any ground involving a question of law; or | | (b) | on the ground that the claim was outside the jurisdiction of the tribunal. [40/2019] |
| (2) An appeal lies to the General Division of the High Court under this section only if permission to appeal is given by a District Court. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
(3) Where the only reason for appealing against an order made by a tribunal under section 22(1) is to rectify anything mentioned in section 22(10)(a) to (d), a District Court may, instead of giving permission to appeal —| (a) | extend the time under section 22(10) for the correction of the order; and | | (b) | remit the matter to a tribunal for the correction of the order in accordance with section 22(10) and (11) (except to the extent that the time under section 22(10) may have been extended). [Act 25 of 2021 wef 01/04/2022] |
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(4) Each of the following is final and is not subject to any appeal:| (a) | any order of a District Court giving or refusing permission under subsection (2); [Act 25 of 2021 wef 01/04/2022] | | (b) | any order of a District Court extending or refusing to extend under subsection (3)(a) the time under section 22(10) for the correction of an order made by a tribunal; | | (c) | any order of a District Court remitting or refusing to remit under subsection (3)(b) a matter to a tribunal. |
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| Appeal does not operate as stay of execution or enforcement |
| 24.—(1) An appeal against an order made by a tribunal under section 22(1) does not operate as a stay of execution or enforcement of that order, unless a District Court or the General Division of the High Court orders otherwise. [40/2019] [Act 25 of 2021 wef 01/04/2022] | (2) A District Court or the General Division of the High Court may direct that a stay of execution or enforcement (of an order made by a tribunal) be subject to any conditions that the District Court or the General Division of the High Court thinks fit to impose, including conditions as to costs, payment into a District Court or the General Division of the High Court, or the giving of security. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
| (3) Any order or direction of a District Court on an application for a stay of execution or enforcement (of an order made by a tribunal) is final and is not subject to any appeal. [Act 25 of 2021 wef 01/04/2022] |
(4) The General Division of the High Court may order a stay of execution or enforcement of an order made by a tribunal, or give a direction under subsection (2), only if —| (a) | a District Court has given under section 23(2) permission to appeal against the order made by the tribunal; and [Act 25 of 2021 wef 01/04/2022] | | (b) | no application was made to any District Court for a stay of execution or enforcement of the order made by the tribunal. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
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| Powers of General Division of High Court on appeal |
25.—(1) On an appeal against an order made by a tribunal, the General Division of the High Court may —| (a) | dismiss the appeal; | | (b) | allow the appeal and set aside or vary the order; or | | (c) | remit the matter to the tribunal for reconsideration, or order a rehearing of the matter by a different tribunal, with any directions that the General Division of the High Court thinks fit to give. [40/2019] |
(2) The General Division of the High Court may also make on the appeal any other orders (including an order as to costs and expenses) that the General Division of the High Court thinks fit, but must not —| (a) | reverse or vary any determination made by a tribunal on a question of fact; or | | (b) | receive further evidence. [40/2019] |
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| (3) When deciding an appeal against an order made by a tribunal on a claim for employment assistance payment, or on the calculation of the amount of an employment assistance payment, the General Division of the High Court may take into account the tripartite guidelines on re-employment. [55/2018; 40/2019] |
(4) When deciding an appeal against an order made by a tribunal on a claim involving a wrongful dismissal dispute, the General Division of the High Court —| (a) | is to have regard to the tripartite guidelines on wrongful dismissal; and | | (b) | if any compensation is claimed, is to calculate the amount of that compensation in accordance with any regulations made under section 34(1). [55/2018; 40/2019] |
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| Finality of decision of General Division of High Court |
26. Any judgment, order or direction of the General Division of the High Court on any of the following matters is final:| (a) | an appeal against an order made by a tribunal; | | (b) | an application for a stay of execution or enforcement of an order made by a tribunal. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
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27.—(1) In any proceedings under this Act before a tribunal or the General Division of the High Court, a person who makes any of the following allegations bears the burden of proving that allegation:| (a) | an allegation that the person is not the employer or employee of the claimant; | | (b) | an allegation that the person is not a person who has a duty under any of the following Acts to do or abstain from doing any thing:| (i) | the Child Development Co‑Savings Act 2001; | | (ii) | the Employment Act 1968; | | (iii) | the Retirement and Re‑employment Act 1993. [55/2018; 40/2019] |
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(2) In any proceedings under this Act before a tribunal or the General Division of the High Court, the following apply:| (a) | where an employee is dismissed without notice by an employer under section 14(1) of the Employment Act 1968, and the employee lodges a claim mentioned in section 14(2) of that Act against the employer — the employer bears the burden of proving the allegation that the employee was dismissed with just cause or excuse; | | (b) | where an employee is dismissed with notice by an employer, and the notice of dismissal is or purports to be given on the ground that there has been poor performance or misconduct by the employee — the employer bears the burden of proving that ground for giving the notice of dismissal; | | (c) | where a notice of dismissal is given to a female employee by an employer in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act 1968, and the female employee lodges a claim mentioned in section 84(2) of that Act against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause; | | (d) | where a notice of dismissal is given to a female employee mentioned in section 12(1) of the Child Development Co‑Savings Act 2001 by an employer in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act 1968 (as applied to the female employee), and the female employee lodges a claim mentioned in section 84(2) of the Employment Act 1968 (as applied to the female employee) against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause. [55/2018; 40/2019] |
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