Introduction
While professionals, managers and executives (PMEs) are fully covered under the Employment Act and may seek redress against wrongful and unfair dismissal with the Tripartite Alliance of Dispute Management (TADM), the employment landscape has evolved significantly. With the passing of the Workplace Fairness Act (WFA) and the recent increase in the statutory retirement age to 64 as of 1 July 2026, dismissal protections and mandatory grievance handling procedures have become even more stringent.
Given the above, understanding the nuances between non-executive and PME dismissals remains critical, as the financial and reputational stakes have never been higher. According to a July 2026 report by The Straits Times, salary and wrongful dismissal claims in Singapore rose last year to their highest levels since 2019. With over 2,160 wrongful dismissal claims lodged in 2025 and employers paying out $2.71 million in compensation, using a "one-size-fits-all" approach to employee separation can be fatal.
These risks apply from day one of employment. Recently, a tribunal awarded a woman the maximum statutory payout of $30,000 after deeming her termination during her probationary period to be “sudden and unjustified.” This ruling serves as a stark reminder that an employee's probationary status does not shield employers from costly claims if they fail to follow fair, documented, and defensible dismissal procedures.
Furthermore, recent case law has shifted the litigation landscape. As seen in the High Court case of Goh Hui En Rebecca v IG Asia, ex-employees are now successfully utilising both the Employment Claims Tribunal (ECT) and civil courts to pursue distinct claims arising from the exact same dispute.
Therefore, it is important to manage employee separation with care. Firstly, it minimises the risk of escalating legal problems and potential high-value WFA claims. Secondly, it protects the reputation of the business. Employers should use fair procedures when terminating employees, as replacing them is expensive, and claims for unfair dismissal are costly to defend. However, courts are also providing clarity for employers. For instance, the Appellate Division ruling in Tan Tung Wee Eddie v Singapore Health Services confirmed that employers do not necessarily need to restart a due inquiry if new evidence of misconduct surfaces, provided a fair disciplinary process was already conducted.
At the end of this workshop, delegates will be competent in their understanding of grievance and disciplinary handling, as well as the lawful dismissal of an employee in Singapore, incorporating the latest legislative updates and case precedents.
Learning Objectives
- Understand the difference in the handling of statutory law employees (non-executive and PMEs).
- Know the difference between dismissal with notice and without notice for the statutory employees.
- Know that grievances and disciplinary issues can have an impact on the smooth running of an organisation.
- Know the types of misconduct of employees at the workplace and outside the workplace.
- Understand how disciplinary issues can be effectively managed in light of the Workplace Fairness Act and rising TADM claim rates.
- Know the purpose and implementation of disciplinary and mandatory internal grievances procedures.
- The need for dismissal for employees who committed gross misconduct and understanding procedural fairness in due inquiries (Tan Tung Wee Eddie v SingHealth).
- Understand the different modes of cessation of the employment contract, including probationary dismissals and the July 2026 retirement age updates.
- Differentiate between repudiatory breach by misconduct, agreement with notice and without notice, negligence, frustration and poor performance.
- Understand the disciplinary process, i.e. suspension, investigation and disciplinary inquiry of an employee who committed misconduct and how to navigate multi-forum disputes (Goh Hui En Rebecca v IG Asia).
Course Outline
A competent HR practitioner must have the knowledge and skills in the following:
1. Grievance-Handling
- What constitutes misconduct.
- Understanding the grievances of employees.
- Differences between grievances, complaints and whistle-blowing.
- Consequences of mishandling grievances (including Workplace Fairness Act implications).
- Handling grievance effectively.
- Company’s grievance-handling procedure.
2. Misconduct
- What constitutes misconduct.
- Minor and major misconduct.
- Policy on the code of conduct.
- Whether misconduct constitutes a breach of contract.
- Negligence or incompetence.
- Committing criminal offences.
3. Discipline and Disciplinary Action:
- Definition of discipline.
- The need to discipline.
- Progressive discipline.
- Company’s code of conduct.
4. Modes of Cessation of employment contract
- Performance (Retirement - including the July 2026 statutory retirement age update to 64).
- Agreement (termination clause, retrenchment, expiry of fixed term contract).
- Repudiatory breach (misconduct, fail probation, bankruptcy).
- Frustration (rest in peace).
- Remedies for wrongful dismissal.
- Reinstatement or pay for damages.
5. “Dismissal.”
- Employee as defined in section 2 of the Employment Act.
- Definition of dismissal.
- Definition of statutory (Non-Executive and PME) employee.
- Contract of service versus contract for service.
- Differences between dismissal with notice and dismissal without notice.
- Dismissal risks during the probationary period.
6. The test to be applied for Misconduct
- Implied terms.
- Express terms.
- Duty of the employer
- Duty of the employee
- Illustration of misconduct
- Dismissal is the employer’s prerogative.
7. Unsatisfactory work performance
- Employment contract undermines by poor work performance.
- Misconduct to be differentiated from poor work performance.
- Evidence of shortcomings.
- Process for dismissal for poor work performance.
- Bearing on Retirement and Reemployment Act.
8. Employee committing a criminal offence at the workplace/outside the workplace.
- Solutions to an employer’s dilemma over an employee who committed a criminal offence.
- Standard of proof btw required in judicial court and disciplinary inquiry.
- Nexus test to be applied to an employee’s job.
- Criminal offence versus breach of the company’s rules and regulations.
- Private conduct versus non-private conduct.
- Doctrine of autrefois acquit and autrefois convict.
- The need for a disciplinary inquiry.
- How to handle employee released on police’s or court’s bail
9. Suspension, investigation and disciplinary inquiry
- Disciplinary inquiry process with trade union / without trade union.
- Differentiation between statutory and common law employee.
- Suspension with pay or without pay and duration ofthe suspension.
- Investigation to the complaint.
- Conducting the disciplinary inquiry.
- Framing disciplinary charges.
- Disciplinary inquiry hearing procedure.
- Termination while on hospitalisation leave.
- Navigating new case law: Procedural fairness in due inquiries (Tan Tung Wee Eddie v SingHealth) and multi-forum disputes (Goh Hui En Rebecca v IG Asia).
Methodologies
Lecture and case study.
Who Should Attend
- Human Resource Practitioners
- Industrial Relations Practitioners
- Lawyers
- In-House Legal Counsels
- Line Managers/Executives
- Any other persons interested in grasping a good understanding of the Employment Act.
Workshop Registration
Please visit this page to register.
