Wrongful Termination in Singapore: Your Rights and Options
Understanding the Employment Act, TADM, and the Employment Claims Tribunal
You have been fired. Maybe you saw it coming, maybe you did not. Either way, you believe the termination was unfair. In Singapore, the law does not guarantee lifetime employment — but it does protect employees against wrongful dismissal. This guide explains what wrongful dismissal means in Singapore, what your rights are, and how to pursue a claim.
What Counts as Wrongful Dismissal?
Under Singapore law, wrongful dismissal occurs when an employer terminates an employee without just cause or excuse. Since April 2019, the Employment Act (Cap. 91) covers virtually all employees, including managers and executives, regardless of salary level. The main exceptions are domestic workers, seafarers, and certain public servants, who have separate channels for redress.
The Tripartite Guidelines on Wrongful Dismissal, issued by the Ministry of Manpower (MOM), the National Trades Union Congress (NTUC), and the Singapore National Employers Federation (SNEF), provide detailed guidance on what constitutes wrongful dismissal. The following situations may give rise to a claim.
Dismissal without notice or pay in lieu of notice. Your employment contract will specify a notice period — if it does not, the Employment Act provides statutory minimum notice periods ranging from one day to four weeks depending on the length of service. If your employer terminates you without giving the required notice or paying salary in lieu, that is a breach of contract.
Dismissal for misconduct without a fair inquiry. If you are dismissed for misconduct (such as dishonesty, insubordination, or gross negligence), your employer must conduct a fair inquiry before terminating you. Summary dismissal without due process — no investigation, no opportunity to be heard, no chance to explain — may constitute wrongful dismissal.
Dismissal on discriminatory grounds. Dismissal based on age, race, gender, religion, marital status, family responsibilities, or disability is wrongful under the Tripartite Guidelines. The Workplace Fairness Act, introduced in Parliament in November 2024, will provide statutory protections against discrimination in employment, with the Employment Claims Tribunals empowered to hear discrimination claims.
Dismissal to deprive you of benefits. If you are terminated to prevent you from receiving a bonus, commission, or other benefit that has accrued or is about to accrue, this may constitute wrongful dismissal.
Dismissal for exercising employment rights. If you are fired for joining a union, filing a workplace safety complaint, or otherwise exercising rights conferred by employment legislation, the dismissal may be wrongful.
Constructive dismissal. If your employer's conduct is so unreasonable that you have no choice but to resign — for example, a drastic unilateral change to your role, a severe pay cut without consent, or sustained harassment — you may be treated as having been dismissed. This is known as constructive dismissal, and it is covered by the Employment Act.
The One-Month Deadline
This is critical. You must file a wrongful dismissal claim with the Tripartite Alliance for Dispute Management (TADM) within one month from the last day of your employment. For maternity-related wrongful dismissal, the deadline is two months from the date of confinement. Miss this deadline and you may lose your right to claim through TADM and the Employment Claims Tribunal.
For salary-related claims (unpaid wages, overtime, leave entitlements), the time limits are more generous: within one year if you are still employed, or within six months of your last day of employment. But for wrongful dismissal specifically, it is one month. Mark the date.
Step 1: File a Mediation Request with TADM
TADM — the Tripartite Alliance for Dispute Management — is the mandatory first step. You cannot file a claim at the Employment Claims Tribunal without first going through TADM mediation. This is not optional.
You can file your mediation request online through TADM's eServices portal using your SingPass. The process is designed to be accessible to individuals without lawyers. You will be asked to provide details of your employment, the circumstances of your termination, and what you are seeking (reinstatement, compensation, or both).
TADM will schedule a mediation session. Mediation is a confidential process in which a neutral mediator helps you and your employer reach a settlement. If you reach an agreement, it is recorded as a settlement and your employer must pay the agreed amount within two weeks (or by a mutually agreed date).
Step 2: If Mediation Fails — the Employment Claims Tribunal
If TADM mediation does not resolve the dispute, the TADM mediator will issue a Claim Referral Certificate. You then have four weeks from receiving this certificate to file your claim at the Employment Claims Tribunal (ECT) through the Community Justice and Tribunals System (CJTS).
The ECT is a division of the State Courts designed to provide a fast and affordable forum for employment disputes. The process is simplified compared to ordinary court proceedings: there are no formal pleadings, limited discovery, and the hearing is conducted by a tribunal magistrate rather than a judge.
The ECT has jurisdiction to hear wrongful dismissal claims of up to S$20,000, or up to S$30,000 if the claim has been assisted by a union recognised under the Industrial Relations Act. If your claim exceeds these limits, you can abandon the excess for the ECT to hear it, or you can pursue a civil claim in the ordinary courts (which is significantly more expensive and time-consuming).
Lawyers are generally not permitted to appear at the ECT, though the tribunal may allow legal representation in exceptional circumstances.
What Can the ECT Order?
If the ECT finds that your dismissal was wrongful, it may order one of the following.
Reinstatement. The employer is ordered to restore you to your former position and pay you any income lost during the period of wrongful dismissal. In practice, reinstatement is rarely ordered because the employment relationship has usually broken down irreparably.
Compensation. The employer is ordered to pay you a sum of money. The ECT will consider your loss of income, the circumstances of the dismissal, and any contributory conduct on your part. Compensation is capped by the jurisdictional limits of the ECT.
What If the ECT Fails?
If your claim is unsuccessful at the ECT, you may consider filing a civil claim in the ordinary courts. This requires engaging a lawyer and involves the full machinery of civil litigation — pleadings, discovery, witness statements, and trial. It is expensive and time-consuming, and should only be considered where the claim involves significant sums or complex legal issues.
If the ECT makes an order in your favour but your employer does not comply, you can apply to enforce the order. TADM will also take action on your behalf by reporting non-compliance to MOM.
Gathering Evidence
Before you file your claim, assemble the evidence that supports your case. This includes your employment contract, your letter of termination, any warning letters, performance reviews, correspondence with your employer (including emails and messages), payslips, and any documents that demonstrate the circumstances of your dismissal.
If you were dismissed for misconduct, the burden is on your employer to prove that the misconduct occurred and that a fair inquiry was conducted. If you were dismissed with notice, the burden shifts to you to demonstrate that the dismissal was wrongful.
Keep records of everything. If your employer restricts your access to company systems after termination, ensure you have copies of relevant documents before your access is revoked.
The Workplace Fairness Act 2025
The legal landscape for wrongful dismissal in Singapore is evolving. The Workplace Fairness Bill was introduced into Parliament on 12 November 2024 and enacted as the Workplace Fairness Act 2025. This legislation creates statutory protections against workplace discrimination on the grounds of protected characteristics — including age, nationality, sex, race, religion, language, disability, and mental health conditions.
Under the WFA, employees can bring discrimination claims to the ECT for compensation of up to $20,000 (or $30,000 with union involvement) for in-employment and end-employment claims. Pre-employment claims carry a cap of $5,000. Mediation at TADM remains compulsory before filing.
Importantly, the WFA also requires employers to implement formal written grievance handling procedures, and prohibits retaliation against employees who raise grievance complaints. Employers who fail to comply face penalties including corrective work orders, financial penalties, and work pass curtailment.
If your dismissal occurred after the WFA came into force and you believe the real reason was discriminatory, you now have a stronger statutory basis for your claim than existed under the previous tripartite guidelines framework alone.
When to Hire a Lawyer
For straightforward wrongful dismissal claims within the ECT's jurisdiction, the system is designed for you to handle yourself. But consider engaging an employment lawyer if your claim involves complex contractual terms or senior executive arrangements, if the claim exceeds the ECT's jurisdictional limit and must be pursued in the civil courts, if there are allegations of discrimination that may fall under the Workplace Fairness Act, if your employer is contesting the claim aggressively with legal representation, or if you need advice on whether a settlement offer is fair.
Practical Considerations
Mitigation. You are expected to mitigate your loss by making reasonable efforts to find alternative employment. The tribunal will take into account any failure to mitigate when assessing compensation.
Settlement. Many wrongful dismissal claims settle at or before the TADM mediation stage. Consider what outcome is realistic and acceptable to you. Reinstatement is rare. Compensation equivalent to a few months' salary is common. A negotiated settlement avoids the uncertainty and stress of tribunal proceedings.
Retaliation. It is unlawful for an employer to retaliate against you for filing a wrongful dismissal claim. If you experience retaliation — such as negative references, blacklisting, or threats — report it to MOM.
This article is published by CommonBench for informational purposes only and does not constitute legal advice. If you have been dismissed and need to understand your rights, research Singapore employment law, or prepare for a TADM or ECT hearing, try CommonBench — AI-powered legal research tools for people navigating employment disputes.
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