Employment Act 1968 - Singapore Statutes Online

Dismissal

14.—(1) An employer may after due inquiry dismiss without notice an employee employed by the employer on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of the employee’s service, except that instead of dismissing an employee an employer may —

(a)	instantly down-grade the employee; or
(b)	instantly suspend the employee from work without payment of salary for a period not exceeding one week. [26/2013]

(2) Despite subsection (1), but subject to section 3 of the Employment Claims Act 2016, where a relevant employee considers that he or she has been dismissed without just cause or excuse by his or her employer, the employee may lodge a claim, under section 13 of that Act, for either of the following remedies:

(a)	reinstatement in the employee’s former employment;
(b)	compensation. [55/2018]

(2A) For the purposes of subsection (2), a relevant employee means —

(a)

an employee employed in a managerial or an executive position —

(i)	who is dismissed with notice; or
(ii)	who is dismissed without notice but receives payment of any salary in lieu of notice,

after having served that employer for at least 6 months in any position (whether or not a managerial or an executive position);

(b)

an employee employed in a managerial or an executive position who is dismissed without notice and without salary in lieu of such notice; or

(c)

an employee not employed in a managerial or an executive position.

[26/2013; 55/2018]

(3) If a Tribunal hearing the claim is satisfied that the employee has been dismissed without just cause or excuse, the Tribunal may, despite any rule of law or agreement to the contrary —

(a)

in a claim for reinstatement of the employee in his or her former employment, direct the employer —

(i)	to reinstate the employee in the employee’s former employment; and
(ii)	to pay the employee an amount equivalent to the wages that the employee would have earned, if the employee had not been dismissed; or

(b)

in a claim for compensation, direct the employer to pay, as compensation to the employee, an amount of wages determined by the Tribunal.

[55/2018]

(4) [Deleted by Act 55 of 2018]

(5) [Deleted by Act 55 of 2018]

(6) [Deleted by Act 55 of 2018]

(7) [Deleted by Act 55 of 2018]

(7A) [Deleted by Act 55 of 2018]

(8) For the purposes of an inquiry under subsection (1), the employer —

(a)

may suspend the employee from work for —

(i)	a period not exceeding one week; or
(ii)	such longer period as the Commissioner may determine on an application by the employer; but

(b)

must pay the employee at least half the employee’s salary during the period the employee is suspended from work.

[55/2018]

(9) If the inquiry does not disclose any misconduct on the employee’s part, the employer must immediately restore to the employee the full amount of the salary so withheld.

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