Wrongful Dismissal in Singapore: How to File a Claim and Protect Your Rights

Losing your job is stressful enough. Losing it unfairly — because of your age, race, gender, pregnancy, or because you exercised your employment rights — is something the law in Singapore now explicitly protects against.

If you believe you were wrongfully dismissed, you have legal options. This guide walks you through what constitutes wrongful dismissal, how to file a claim, and how to build a strong case.

What Counts as Wrongful Dismissal?

Wrongful dismissal in Singapore covers termination that is:

• Without just or sufficient cause — no valid performance or conduct reason
• Without proper notice or salary in lieu of notice
• Discriminatory — based on age, race, gender, pregnancy, disability, religion, or other protected characteristics
• Retaliatory — punishment for exercising employment rights (e.g., filing a complaint, taking maternity leave)
• Anti-union — termination for union activities or membership

Constructive Dismissal

Constructive dismissal occurs when an employer makes working conditions so intolerable that an employee is effectively forced to resign. Examples include:

• Drastic salary reduction without agreement
• Demotion without cause
• Harassment or bullying that management refuses to address
• Fundamental changes to job scope without consent

Constructive dismissal is also grounds for a wrongful dismissal claim.

Who Is Covered?

Since April 2019, all employees under the Employment Act are covered, regardless of salary level. This includes:

• Rank-and-file employees
• Professionals, Managers, and Executives (PMEs)
• Part-time employees
• Contract employees

How to File a Wrongful Dismissal Claim

Step 1: File with TADM

You must file your claim with the Tripartite Alliance for Dispute Management (TADM) within 1 month of your last day of employment.

• Filing fee: S$10-20
• You can file online or in person
• TADM will assess whether your claim is eligible

Step 2: Mediation

TADM will attempt to mediate between you and your former employer. Mediation is confidential and aims to reach a mutually acceptable resolution.

Step 3: Employment Claims Tribunal (ECT)

If mediation fails, your case is referred to the Employment Claims Tribunal (ECT) for a binding decision.

Key facts about ECT:

• Lawyers are allowed (unlike the Small Claims Tribunal)
• Hearings are conducted in a structured format
• The tribunal's decision is legally binding

Compensation Limits

Employee Type	Maximum Compensation
Non-PME	Up to 6 months' salary
PME (Professionals, Managers, Executives)	Up to 12 months' salary

The tribunal may also order reinstatement, though this is rare in practice.

Burden of Proof

A critical point: the employer bears the burden of proof. The employer must demonstrate that the termination was for just cause. This shifts the advantage to the employee — but only if you have evidence to challenge the employer's narrative.

Building Your Case: Evidence That Matters

Documents to Preserve

• Employment contract — your baseline for terms and conditions
• Performance reviews — especially positive ones that contradict claims of poor performance
• Emails and messages — any communication showing discriminatory intent or retaliation
• Payslips and HR records — to establish your employment history
• Witness statements — colleagues who observed the discriminatory behavior
• Meeting notes — especially from any disciplinary or termination meetings
• Medical certificates — if termination was related to medical leave or pregnancy

Storing Evidence Securely

Once you suspect wrongful dismissal may occur — or after it happens — secure your evidence immediately. Do not rely on your work email or company laptop, as you may lose access.

LOCK.PUB allows you to create password-protected encrypted memos to document everything. Unlike saving files to your personal email (which can be subpoenaed or hacked), LOCK.PUB's end-to-end encryption ensures only you and your lawyer can access the content. You can also share evidence securely with your TADM representative by sharing the password through a separate channel.

Common Mistakes That Weaken Your Case

1. Missing the 1-month deadline — TADM will not accept late claims
2. Signing a resignation letter under pressure — this can be used against you; if pressured, document the circumstances
3. Not documenting in real time — retroactive documentation is less credible
4. Deleting evidence — preserve everything, even if it seems minor
5. Discussing your case on social media — this can be used against you in tribunal

What to Do Immediately After Dismissal

1. Request written reasons for your termination
2. Save all communications — forward important emails to your personal account before losing access
3. Document the timeline of events leading to dismissal
4. File with TADM within 1 month
5. Consult a lawyer — especially for PMEs with complex cases
6. Store evidence securely using LOCK.PUB

Frequently Asked Questions

Can I claim wrongful dismissal if I was on probation?

Yes. Probationary employees have the same protections under the Employment Act.

What if my employer offers a settlement?

You can accept a settlement at any point. TADM mediators can help negotiate fair terms. However, ensure you understand what rights you are waiving before signing.

Is there a cost to filing?

TADM filing fees are minimal — S$10-20. If the case goes to ECT, additional fees may apply.

Can I claim for emotional distress?

ECT primarily awards compensation based on salary. Claims for emotional distress are generally pursued through civil courts, not ECT.

Conclusion

Wrongful dismissal in Singapore is a serious matter with real legal remedies. The key is to act quickly — file within the 1-month window — and document everything. Use secure tools like LOCK.PUB to ensure your evidence is protected and accessible only to you and your legal team.

The law protects employees who are terminated unfairly. Use it.