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Wrongful Dismissal in Singapore: Your Rights and How to Claim

Wrongful Dismissal in Singapore: Your Rights and How to Claim

Losing your job is stressful enough. Being dismissed in a way that breaks the law — without proper notice, without salary owed, or for a reason the law does not permit — is worse, and many employees do not realise they can do something about it. In Singapore, if you have been wrongfully dismissed you have a defined path to a claim, a body set up to hear it, and a set of remedies. This guide explains what wrongful dismissal actually means, how to bring a claim, and what you can realistically recover.

This is general information, not legal advice. Every dismissal turns on its own facts — the contract, the reason given, and what was said and done around the exit.

What Counts as Wrongful Dismissal

Not every dismissal you dislike is wrongful. An employer in Singapore can generally end an employment relationship by giving the notice set out in the contract, or paying salary in lieu of that notice. The dismissal becomes wrongful when it breaches the contract or the law. The main categories:

  • Dismissal without notice or salary in lieu. If your contract requires a notice period and the employer terminates without giving it — and without paying you for it — that is a breach.
  • Dismissal without just cause on a false pretext. An employer who dismisses you citing misconduct or poor performance that did not happen, when the real reason is something else, may have dismissed you wrongfully.
  • Dismissal for a prohibited reason. The Employment Act 1968 protects employees from dismissal on discriminatory or retaliatory grounds — for example, dismissal to avoid paying benefits an employee is about to become entitled to, or dismissal in response to a legitimate complaint about statutory rights.
  • Constructive dismissal. Where the employer makes working conditions so intolerable — unilateral pay cuts, demotion without cause, forced relocation outside the contract — that you have no realistic choice but to resign, the law can treat that resignation as a dismissal by the employer.

The distinction that trips people up: dismissal with the correct notice, for a genuine reason, is usually lawful even if it feels unfair. The claim arises from a breach — of the contract, or of a statutory protection — not from unfairness alone.

Who Is Protected

The Employment Act covers most employees in Singapore, including managers and executives, regardless of salary. Some specific protections and salary-related provisions apply differently depending on whether you are a workman, a non-workman, or a manager or executive, and on your salary level. Domestic workers, seafarers, and statutory board or government staff sit outside the Act and are governed by their own frameworks.

Two practical points decide whether you have a straightforward claim:

  • Your employment status. A genuine employee is protected. A genuine independent contractor is not — the relationship is governed by commercial contract law instead. Employers sometimes label workers as contractors to sidestep the Act; the label does not decide it, the reality of the working relationship does.
  • Your length of service. Certain claims — particularly salary-related ones — have their own qualifying rules and caps, which is why it matters to identify the exact nature of the claim early.

The Claim Path: TADM and the Employment Claims Tribunals

Singapore has a structured, low-cost route for employment disputes that does not start in court. It has two stages.

Step 1 — Mediation at TADM

The Tripartite Alliance for Dispute Management (TADM) is the mandatory first stop for salary-related and wrongful dismissal claims. You lodge your claim with TADM, and the matter goes to compulsory mediation between you and your employer, facilitated by a neutral mediator. Many disputes resolve here — an agreed settlement at mediation is faster and cheaper than a hearing, and the outcome is recorded and enforceable.

Timing matters. There are filing deadlines that run from the date of dismissal — for a wrongful dismissal claim, the window to file with TADM is short (measured in weeks, not months). Miss it and you can lose the right to bring the claim through this route entirely. If you think you have been wrongfully dismissed, treat the clock as running from the day you were let go.

Step 2 — The Employment Claims Tribunals

If mediation does not resolve the dispute, TADM issues a claim referral certificate, and you can bring the matter to the Employment Claims Tribunals (ECT), which sit within the State Courts. The ECT is designed to be accessible: proceedings are informal, and legal representation is generally not permitted at the hearing itself, which keeps costs down. There is a monetary limit on what the ECT can award — a higher cap applies where the claim went through TADM-assisted mediation, and a lower cap otherwise.

The tribunal hears both sides, reviews the documents, and issues a binding order. If the amount you are claiming exceeds the ECT limit, or the matter is legally complex, the dispute may instead need to be pursued through the civil courts — where the process is more formal and the stakes, and costs, are higher.

What You Can Recover

The remedies for wrongful dismissal are financial, and they depend on what was breached:

  • Salary in lieu of notice. If you were dismissed without the notice your contract required, you can claim the salary you would have earned during that notice period.
  • Unpaid salary and benefits. Outstanding wages, unpaid overtime where applicable, accrued but unused annual leave, and any contractual benefits owed up to the last day.
  • Compensation for wrongful dismissal. Where the dismissal itself was wrongful, the tribunal can order compensation. In some cases, reinstatement is a possible remedy, though financial compensation is far more common in practice.

Singapore does not generally award large “punitive” sums for hurt feelings. The remedies are built around putting you back into the financial position you should have been in — the notice you were owed, the salary you earned, and compensation calibrated to the breach.

How to Build Your Claim

The strength of a wrongful dismissal claim usually comes down to documents. Before you file, gather:

  1. Your employment contract — the notice clause, salary terms, and any provisions on termination, demotion, or relocation.
  2. The dismissal communication — the letter, email, or message ending your employment, and any reason given.
  3. Payslips and salary records — to establish what you were owed and what was actually paid.
  4. Correspondence around the exit — performance reviews, warnings, complaints you raised, and any messages that reveal the real reason for the dismissal.
  5. A written timeline — dates of key events, so the sequence is clear to a mediator or tribunal.

The reason an employer gives at the point of dismissal is important, because it is difficult to change later. If the stated reason does not match the documents — for instance, a “poor performance” dismissal preceded by glowing appraisals — that gap is often where a claim is won.

When to Involve a Lawyer

The ECT is designed to work without lawyers at the hearing. But the stages before it — assessing whether you have a claim, meeting the TADM filing deadline, valuing the claim correctly, and preparing for mediation — are where good advice changes the outcome. You should speak to an employment lawyer early if:

  • The reason for your dismissal is disputed or you suspect it was a pretext.
  • Your claim may exceed the ECT limit, pushing it into the civil courts.
  • You are considering a constructive dismissal claim — these are fact-heavy and easy to get wrong.
  • Your contract contains restrictive covenants (non-compete, non-solicitation) that the employer is now trying to enforce.
  • You are an employer who has received a claim and needs to respond within the deadline.

Getting the characterisation of the claim right at the start — salary claim, wrongful dismissal, or both — decides which deadline applies and which forum hears it. That is a legal call worth making before you file, not after.

How DLLC Handles Employment Disputes

Employment disputes sit within our dispute resolution practice, and we act for both employees and employers across wrongful dismissal, salary claims, constructive dismissal, and restrictive-covenant disputes. Our approach is practical: we tell you early whether you have a claim worth bringing, we make sure the right deadline is met, and we prepare you properly for TADM mediation — where most of these matters are resolved. For employers, we advise on responding to claims and on structuring exits that hold up.

If you have been dismissed and something about it does not sit right — or you have received a claim and need to respond — contact us at (65) 6557 0215 or learn more about our employment practice. You can also schedule a consultation. We typically respond within minutes during business hours.

Common Questions

How long do I have to file a wrongful dismissal claim in Singapore?

The window to file a wrongful dismissal claim with TADM is short and runs from the date of dismissal — measured in weeks. Because the exact deadline depends on the type of claim, treat the clock as running from your last day and get advice quickly. Salary-related claims have their own separate deadlines.

Can I be dismissed without a reason in Singapore?

An employer can end employment by giving the contractual notice, or salary in lieu of notice, and is not always required to give a reason. The dismissal becomes wrongful where it breaches the contract, or is done for a reason the law prohibits, or is dressed up with a false reason to disguise a prohibited one.

Do I need a lawyer for the Employment Claims Tribunals?

Lawyers are generally not permitted to represent parties at the ECT hearing itself, which keeps the process accessible. But legal advice before the hearing — on whether you have a claim, meeting deadlines, valuing the claim, and preparing for mediation — is often decisive.

What is constructive dismissal?

Constructive dismissal is where an employer makes working conditions so intolerable — through unilateral pay cuts, demotion, or breach of the contract’s core terms — that the employee has no real choice but to resign. In law, that resignation can be treated as a dismissal by the employer, opening the door to a wrongful dismissal claim. These claims are fact-heavy and should be assessed carefully before you resign.

How much compensation can I get for wrongful dismissal?

Remedies are financial and aim to restore your proper position — salary in lieu of notice, unpaid salary and benefits, and compensation for the wrongful dismissal itself. The Employment Claims Tribunals award up to a monetary cap, with a higher limit for claims that went through TADM-assisted mediation. Claims above the cap may need to go to the civil courts.

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