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Worker with Ladder

Employee Rights and Recourse for Workplace Harassment and Wrongful Dismissal

Being mistreated at work can leave you wondering whether what happened was merely unfair or legally wrongful. Singapore law does not provide one general claim for every unpleasant workplace experience. The correct route depends on how the employment ended, why it ended, and whether the conduct also amounts to harassment.


Was the dismissal wrongful?


A dismissal may be with or without notice and can include a resignation that was not genuinely voluntary (constructive dismissal). Potentially wrongful reasons include discrimination, depriving an employee of benefits, punishing an employee for exercising an employment right, or giving a reason that is later shown to be false — as set out in MOM's Tripartite Guidelines on Wrongful Dismissal.


If an employer dismisses with notice and gives no reason, the dismissal is generally presumed not to be wrongful, and the employee must point to evidence of a wrongful reason. Paying notice does not by itself immunise an employer from a wrongful dismissal claim. Where the employer relies on a reason that is later shown to be false, that falsity does not automatically make the dismissal wrongful on its own — but it can be evidence supporting an inference that the true reason was in fact one of the wrongful reasons recognised by MOM's framework, such as discrimination or retaliation for exercising an employment right.


Note on discrimination specifically


As of August 2026, Singapore does not yet have a stand-alone statutory tort of employment discrimination in force outside the wrongful dismissal framework described above. The Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) administers the Tripartite Guidelines on Fair Employment Practices, but these are currently largely administrative rather than independently justiciable — discriminatory treatment typically becomes legally actionable today where it also amounts to wrongful dismissal, or under limited specific statutes (e.g. maternity protection provisions).


This position is changing. The Workplace Fairness Bill was passed in January 2025, and the Workplace Fairness (Dispute Resolution) Bill was passed in November 2025. Together, these will establish the Workplace Fairness Act, which will provide statutory protection against specified discriminatory employment decisions and introduce a dedicated dispute resolution and claims mechanism. As at August 2026, the Act has been passed but is not yet in force; implementation is currently targeted for end-2027. Once in force, employers will also be required to have grievance-handling processes in place. Until then, the current TGFEP/TAFEP framework and the wrongful dismissal route described above remain the operative avenues. This distinction between current and future law is worth understanding at the outset, since it shapes which forum and remedy is realistically available today, and which will become available once the Workplace Fairness Act commences.


Misconduct, poor performance and unpaid sums


Misconduct is the recognised basis for dismissal without notice, under section 14 of the Employment Act. The employer should conduct a due inquiry, give the employee a real opportunity to respond, and prove the alleged misconduct. Poor performance may justify termination with notice, where supported by evidence, but does not ordinarily justify immediate dismissal.


Even where the dismissal is not wrongful, the employee may still be owed notice pay, salary, commission, contractual bonuses, leave payments or other benefits.


Can the conduct amount to harassment?


Not every rude remark, unfair decision or difficult manager creates a claim. Threatening, abusive or insulting conduct may fall within the Protection from Harassment Act 2014 (POHA), which also covers unlawful stalking and communications through email, messaging platforms or social media.
Possible steps include seeking a Protection Order, removal order or damages, making a police report or Magistrate's Complaint, raising an internal complaint, or approaching TAFEP. The appropriate route depends on the seriousness, persistence, audience and effect of the conduct.


Civil claims under POHA can generally be brought through simplified proceedings in the Protection from Harassment Court, provided the claim involves only one claimant and no more than five respondents; is brought within two years from the date the cause of action accrued; and does not include a claim for damages exceeding S$20,000. Claims that fall outside these limits must proceed under standard proceedings instead.


What must you do?


Keep the contract, termination or resignation letter, payslips, reviews, messages, complaint records and witness details. Prepare a dated chronology and retain relevant medical and job-search records.


A wrongful dismissal claim generally must be filed with TADM within one month after the last day of employment. Managers and executives dismissed with notice generally need at least six months' service before they can bring such a claim; there is no minimum service requirement for other employees. If mediation fails, the matter proceeds to the Employment Claims Tribunals, which can order reinstatement or compensation, subject to a claim cap of S$20,000 (S$30,000 via union or Tripartite Mediation Framework referral).

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Key takeaway


Do not assume a dismissal is lawful merely because notice was paid. Equally, unfair treatment does not automatically amount to wrongful dismissal or harassment. Identify the specific legal wrong, preserve the evidence, and act before the shortest deadline expires — the one-month TADM window for wrongful dismissal is unforgiving.

JOO TOON LLC  Advocates & Solicitors

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