You can sue for wrongful dismissal in Singapore, but the routes and remedies are more constrained than in jurisdictions with more developed unfair-dismissal regimes. The main framework is the Employment Act 1968, supplemented by the Employment Claims Act 2016 (which created the Employment Claims Tribunal), the Tripartite Guidelines on Wrongful Dismissal, and the broader common law of breach of employment contract. The realistic recovery for most successful claims is 1 to 6 months of salary plus accrued benefits, less than employees from common-law jurisdictions sometimes expect, but available without the cost and delay of full court litigation.
I’m Roy. I’m an Associate Director at A.W. Law LLC and I handle employment disputes and broader civil litigation in Singapore. The “can I sue?” question comes up regularly in employment matters, both from employees who have been dismissed and from employers facing claims. This post is the practical version of how Singapore wrongful dismissal law works, what the realistic outcomes look like, and the strategic decisions early in a matter.
The legal framework
Several pieces of legislation work together for employment disputes:
Employment Act 1968. The core employment statute. Applies to most employees in Singapore (with limited exclusions for managers earning above prescribed thresholds for some provisions). Sets minimum terms on notice periods, leave, working hours, public holidays, and dismissal procedures.
Employment Claims Act 2016. Created the Employment Claims Tribunal (ECT) administered by the Ministry of Manpower. Handles wrongful dismissal claims and salary-related disputes up to S$20,000 (or S$30,000 for unionised employees).
Tripartite Guidelines on Wrongful Dismissal. Issued jointly by MOM, the National Trades Union Congress (NTUC), and the Singapore National Employers Federation (SNEF). Sets out what conduct counts as wrongful and how it’s assessed. Not strictly binding but heavily influential at MOM and in court.
Common law of contract. Underlies all employment relationships. Even where the Employment Act doesn’t apply (high-earning managers), contractual breach claims are available.
Tort of harassment, the Protection from Harassment Act, and discrimination frameworks. Apply where conduct goes beyond pure contractual breach.
What counts as wrongful dismissal
Under the Tripartite Guidelines, wrongful dismissal in Singapore includes:
Dismissal without proper notice. Where the employer terminates without giving the contractual notice period (or pay in lieu). Common pattern: employee told to leave immediately without notice or pay-in-lieu.
Dismissal on prohibited grounds. Discrimination on the basis of race, religion, gender, family status, age (for older workers), or pregnancy. While Singapore doesn’t have comprehensive anti-discrimination legislation, the Tripartite Guidelines treat discriminatory dismissal as wrongful.
Dismissal for exercising statutory rights. Dismissal because the employee took maternity/paternity leave, made a workplace safety complaint, or filed a workplace claim. These are protected categories.
Constructive dismissal. Where the employer’s conduct is so serious that it amounts to a fundamental breach, allowing the employee to resign and treat the resignation as a dismissal. Common patterns:
- Unilateral material changes to terms (significant pay cut, demotion, transfer to a different work location).
- Sustained harassment, bullying, or hostile treatment.
- Refusal to pay agreed remuneration.
- Forcing the employee out through impossible working conditions.
Sham redundancy. Where the employer claims redundancy but the position is then filled by someone else (or the employee is replaced by a contractor doing the same work). The redundancy is a sham and the dismissal is wrongful.
Dismissal in breach of contractual procedure. Where the contract requires specific steps before dismissal (warnings, performance review, hearing) and those steps weren’t followed.
What’s not wrongful
It’s worth being precise about what doesn’t count:
- Dismissal with proper notice. Where the contractual notice has been given and paid out, the dismissal is generally not wrongful, even if the reason is unsatisfactory to the employee.
- Dismissal for serious misconduct. Conduct that fundamentally breaches the employment contract (theft, fraud, persistent insubordination) entitles the employer to summary dismissal without notice.
- Dismissal for performance after proper process. Where warnings have been given, opportunities to improve provided, and the dismissal follows a reasonable performance review framework, the dismissal is usually not wrongful.
- Genuine redundancy. Where the position is genuinely no longer required and the redundancy is implemented fairly (reasonable selection criteria, reasonable consultation, market-rate redundancy compensation).
The dispute routes
Three main routes for employment disputes in Singapore:
Tripartite Alliance for Dispute Management (TADM). The first step for most disputes. TADM is a free mediation service jointly run by MOM, NTUC, and SNEF. Most matters resolve here through mediation. If mediation fails, TADM issues a “Claim Referral Certificate” allowing the matter to proceed to the ECT.
Employment Claims Tribunal (ECT). A specialised tribunal under the State Courts. Handles wrongful dismissal and salary-related claims up to S$20,000 (or S$30,000 for unionised employees). Lawyers are not allowed at the hearing. Filing fee is modest. Decisions are usually issued within 4 to 8 weeks of the hearing.
State Courts (regular civil litigation). For claims above S$20,000, complex matters with multiple defendants, or matters requiring injunctive relief. Lawyers represent both sides. Costs scale with complexity. Timeline 12 to 24 months for contested matters.
High Court. For very high-value matters or matters of public importance. Rare for individual employment claims.
For most employees, the TADM-ECT route is the realistic option. For senior executives with complex contracts, larger compensation packages, or where injunctive relief is needed, the State Courts may be appropriate.
What compensation actually looks like
The realistic compensation for a successful wrongful dismissal claim in Singapore:
Salary in lieu of notice. The contractual notice period (typically 1 to 3 months for non-managerial roles, 3 to 6 months for senior roles), at the contracted rate, less any sums already paid.
Accrued and unpaid sums. Annual leave not taken, pro-rata bonus or commission earned, expenses owed.
Contractual benefits. Pro-rated benefits up to the date of proper termination (medical, insurance, share options that have vested).
Loss of earnings during the notice period. Where the dismissal was without notice, the employee can sometimes claim earnings during what should have been the notice period (less any income from new employment during that time).
Aggravated damages. Rare in pure wrongful-dismissal matters. Available where the dismissal was conducted in a way that caused additional distress (humiliation, public escort from the office, reputational damage).
Damages for distress or injury to feelings. Generally not awarded in Singapore for breach of employment contract (consistent with the Addis v Gramophone principle). Where the conduct goes beyond contract breach into harassment or discrimination, separate claims may be available.
Typical recovery patterns:
| Scenario | Typical compensation |
|---|---|
| Junior employee, dismissed without notice | 1 to 2 months’ salary |
| Mid-level professional, sham redundancy | 2 to 4 months’ salary plus accrued benefits |
| Senior executive, complex termination | 6 to 12 months’ salary, sometimes more |
| Constructive dismissal involving harassment | 3 to 6 months’ salary plus possible POHA claim |
| Discriminatory dismissal | Variable; depends on circumstances and evidence |
Practical considerations
A few things employees and employers should think about before pursuing or defending a wrongful dismissal claim.
For employees:
- Read your contract carefully. Notice provisions, termination clauses, post-employment restrictions, bonus entitlements. Many disputes turn on contract interpretation.
- Document the dismissal. Get the dismissal in writing. Keep emails, performance reviews, and any communications about the reasons. Voice memos of meetings (where lawful) can help recall specifics.
- Don’t sign waivers without legal advice. Employers often offer “ex-gratia” payments in exchange for waivers of all claims. Read carefully; the waiver may give up Employment Act claims you didn’t realise you had.
- Mitigate. You’re expected to look for new work after dismissal. Failure to mitigate can reduce damages. Document your job search.
For employers:
- Process matters. Dismissals that follow proper process (documented warnings, performance reviews, consultation) are far more defensible than sudden terminations.
- Get legal review of termination letters. A poorly drafted termination letter can transform a justifiable dismissal into a wrongful one.
- Consider settlement. A modest ex-gratia settlement at the outset is often cheaper than defending a wrongful dismissal claim through TADM and ECT.
When professional representation matters
Most ECT matters are run without lawyers (the tribunal doesn’t allow lawyers at the hearing). Engaging a lawyer is appropriate when:
- The claim is above the ECT jurisdictional threshold (S$20,000 or S$30,000).
- The matter involves complex contractual interpretation (share options, deferred compensation, restrictive covenants).
- The matter involves multiple parties (parent company, subsidiary, individual director defendants).
- Injunctive relief is needed (to enforce a restrictive covenant, to stop disclosure of confidential information).
- The matter has parallel discrimination or harassment claims that go beyond pure contractual breach.
For ECT matters, even where the lawyer can’t appear at the hearing, professional advice on the merits, the negotiation strategy, and the documentation can be valuable.
What to do next
If you’ve been dismissed and aren’t sure whether to take it to TADM, the ECT, or court, the first ten minutes with me are free.
Book a Discovery Session and bring your contract, dismissal letter, and any communications about the termination. We’ll work out whether you have a viable claim and what the realistic recovery looks like. English, Malay, Mandarin, Tamil, or Vietnamese, with translation staff on hand for each.
For related topics, see what is a breach of contract in Singapore and can I sue my business partner in Singapore.
