Sacked for no proper reason? Get a fair deal in an unfair dismissal

I began my career as a writer for the Singapore branch of a popular UK lifestyle magazine during the peak of the lifestyle publication boom.

PR firms eagerly invested in promoting their products through glossy pages and invited me to lavish events with all-you-can-drink champagne or pampered me with luxury products—all in the hopes of positive reviews.

For a wide-eyed, wet-between-the-ears twenty-something, it felt like a dream come true—until it wasn’t.

One day, my editor casually informed me that I was being let go, mumbling about cost-cutting measures or something to that effect.

No warnings, no goodbyes, just a sudden loss of my job, pride, and dignity.

Later, I found out that a new writer had joined the team. I was livid.

At the time, I was unaware of my employment rights and didn’t take any action.

I share this story to highlight that unfair dismissals can happen to anyone at any time, especially in today’s uncertain economy.

NTUC Legal Department Director Patrick Tay expects to see more dismissals, including unfair ones.

“When businesses face cashflow issues, reducing manpower costs might be seen as an easy and quick way of reducing their overall operating costs,” he noted.

The Labour Movement Annual 2025, which highlights NTUC’s achievements and efforts for 2024, supports this observation.

The report indicated that the Tripartite Alliance for Dispute Management @ NTUC (TADM@NTUC), which handles cases involving union members, saw a 27 per cent increase in enquiries compared to 2023—cases involved mainly termination and salary-related issues.

If you believe you have been unfairly dismissed or know someone who has, here are the steps you can take to address the situation.

1. Assess your situation

Mr Tay suggests starting by referring to the Tripartite Guidelines on Wrongful Dismissals to ascertain if the dismissal is wrong.

Under the guidelines, a wrongful dismissal occurs when an employee is terminated under the following circumstances, with or without notice:

1. Unsubstantiated misconduct or poor performance.
2. Discrimination is based on age, race, gender, religion, marital status and family responsibilities, or disability.
3. Deprivation of employee benefits or entitlements.
4. Punishment for exercising employment rights.
5. Providing a false reason for dismissal.

You can submit an appeal to Manpower Ministry if you believe you were let go due to advanced age or denied re-employment.

• Involuntary Resignation

 Mr Tay explains that an involuntary resignation occurs when an employee is forced to resign due to the employer’s conduct and omission.

He explained that for a constructive dismissal to be considered unfair, the employee must demonstrate that the employer’s actions constitute a repudiatory breach of contract. Examples include unwarranted demotion, significant changes to the job scope, or disproportionate penalties for mistakes.

• Disguised Retrenchment

The NTUC Legal Director foresees that disguised retrenchment could also pose a problem in the current economic climate. This occurs when firms use contractual termination or termination for misconduct to lay off workers to avoid paying fair retrenchment packages.

He advised union members facing such retrenchments to contact their union for support.

2. Gather evidence

If you believe that you were wrongfully dismissed upon reviewing the tripartite guidelines, gather as much evidence as possible to be presented at the relevant forums, recommended Mr Tay.

Such evidence could include communications related to your dismissal, including emails, warning letters, and termination letters.

3. Seek advice quickly

Consider filing a wrongful dismissal claim at TADM within one month of the last day of your employment, said Mr Tay.

If the dispute cannot be resolved at TADM, it will be referred to the Employment Claims Tribunals (ECT) for adjudication. The ECT may order reinstatement and payment for lost wages, or monetary compensation.

If your claim is a complex one involving potentially sizeable amounts, you may wish to engage a lawyer to commence a claim in the civil courts. NTUC members may engage law firms within the Legal Assistance Panel at preferential rates for such employment disputes.

Meanwhile, NTUC members in non-unionised companies should seek assistance from TADM@NTUC, while those in organised firms should approach their respective unions.

Administrative fees are waived for claims lodged with TADM@NTUC. Union members can file claims of up to $30,000, provided mediation through TADM@NTUC has been attempted. This amount is higher than the $20,000 available to non-union members.

Unsure if you’re a union member? Visit NTUC’s membership portal to check your status.

In the meantime, Mr Tay encourages affected workers to attend upskilling courses to keep their knowledge and skills fresh. They can also approach NTUC’s e2i (Employment and Employability Institute) for assistance with job-matching services.

Good to know: Workplace fairness law vs tripartite guidelines

Although Parliament recently passed the Workplace Fairness Bill, Mr Tay mentioned that it is not yet in operation and is likely to take effect in 2026 or 2027.

The anti-discrimination law prohibits employers from making adverse employment decisions, including terminations and dismissals, based on protected characteristics. These include age, nationality, and caregiving responsibilities.

“Practically speaking, this means that an employer cannot dismiss an employee due to a protected characteristic.

“For instance, an employer cannot dismiss an employee because she has caregiving responsibilities, such as caring for her children or elderly parents,” Mr Tay explained.

Mr Tay clarified that the ECT will continue to reference the tripartite guidelines when deciding on any wrongful dismissal disputes. Additionally, the guidelines may cover protected characteristics not included in the law.

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