Dismissal and valid reasons
Dismissal includes employer termination with or without notice and involuntary resignation. Misconduct established through inquiry, failure to meet required performance standards, and genuine redundancy can be valid grounds. Redundancy must still be handled responsibly under the retrenchment advisory.
Examples of wrongful dismissal
Dismissal without just or sufficient cause is wrongful. Examples include discrimination by age, race, gender, religion, marital status, family responsibilities or disability; depriving an employee of benefits such as maternity entitlement; and punishing the exercise of an employment right, such as bringing a salary mediation request to TADM. Consult the tripartite wrongful-dismissal guidelines for the relevant test.
Claim route, evidence and outcomes
File with TADM within one month after the last day of employment. For dismissal without notice, the employer must show it was not wrongful. With notice or pay in lieu, the employee must show it was wrongful. Managers and executives dismissed with notice or pay in lieu need at least 6 months’ service to bring this claim. Ask TADM, an advisory appointment, TADM eServices or a union can provide assistance.
Tribunal and age-related appeals
Unresolved TADM claims may proceed to the Employment Claims Tribunals. A finding of wrongful dismissal may result in reinstatement plus lost income, or monetary compensation. A worker dismissed because of age or denied re-employment can instead appeal to MOM within one month after the last employment day using the relevant retirement or re-employment route.
Related topics and services
Documents and references
- file a wrongful dismissal claim ↗ Reference
- "Ask TADM" chatbot advisory service ↗ Reference
- Read article → · Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment ↗ PDF
- Read article → · Tripartite Guidelines on Wrongful Dismissal ↗ PDF
- TADM ↗ Reference
- submit an appeal to MOM ↗ Government source