TRW & Co · Employment law
Wrongful Dismissal in Singapore: Claims, TADM Mediation and Compensation
Wrongful dismissal in Singapore means dismissal without just or sufficient cause, such as discrimination, punishing an employee for asserting rights, or a false stated reason. Most claims start with TADM mediation within one month of the last day and, if unresolved, go to the Employment Claims Tribunals. This guide explains the tests, the process, compensation and how employers defend claims.
Key pointAn employer who pays notice and gives no reason is in a stronger position than one who gives a reason it cannot prove: under the tripartite guidelines, a false stated reason makes the dismissal wrongful.
At a glance
One-month filing window
MOM says wrongful dismissal claims should be filed with TADM within one month of the last day of employment; mediation comes before any tribunal hearing.
Tribunal claim limits
The Employment Claims Tribunals hear claims up to S$20,000, or S$30,000 where the dispute went through tripartite or union-assisted mediation.
Burden of proof shifts
For dismissal without notice the employer must prove it was not wrongful; for dismissal with notice or salary in lieu the employee must prove it was.
Two possible remedies
The ECT can order reinstatement with lost income, or compensation of an amount it determines; reinstatement is rare once relationships have broken down.
Outcome data 2020 to 2025
MOM told Parliament the ECT awarded compensation in 623 wrongful dismissal claims over 2020 to 2025, around 30% of those filed.
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The short answer: what is wrongful dismissal in Singapore?
Wrongful dismissal in Singapore means being dismissed without just or sufficient cause. It is not the same as being dismissed unfairly in a general sense. An employer can usually end a contract by giving notice, or salary in lieu, without stating a reason. The dismissal becomes wrongful where the real reason is one the law does not accept, such as discrimination, avoiding maternity benefits, punishing an employee for asserting their rights, or a stated reason that turns out to be false.
Most claims follow a statutory route. The employee files with the Tripartite Alliance for Dispute Management (TADM) within one month of the last day of employment. If mediation fails, the claim goes to the Employment Claims Tribunals (ECT), which can order reinstatement with lost income, or compensation. The ECT can award up to S$20,000, or S$30,000 where the dispute went through tripartite or union-assisted mediation.
Senior employees with larger losses may also have a common law claim for breach of contract in the civil courts. That route has different rules, costs and, usually, a damages ceiling linked to the notice period. Choosing the right forum early is often the most important decision in the case.
The legal framework
Four sources work together.
The Employment Act. The Employment Act 1968 allows an employee who considers they were dismissed without just or sufficient cause to bring a claim. Since 2019 it has covered managers and executives regardless of salary, while excluding groups such as seafarers, domestic workers and public servants, who have separate arrangements.
The Employment Claims Act 2016. This Act set up the ECT and its procedure. Wrongful dismissal claims moved from MOM to the tribunals in April 2019. The ECT is part of the State Courts and is designed for speed and low cost.
The Tripartite Guidelines on Wrongful Dismissal. These gazetted guidelines set out what TADM and the ECT treat as valid and wrongful reasons, with worked illustrations. They define dismissal as termination at the employer's initiative, with or without notice, and include salary in lieu of notice and involuntary resignation.
Common law. Outside the statutory route, an employee can sue for breach of the employment contract, for example where the employer failed to give contractual notice or ignored a contractual disciplinary process. In Wee Kim San Lawrence Bernard v Robinson & Co (Singapore) Pte Ltd [2014] SGCA 43, the Court of Appeal confirmed that damages for premature termination are generally measured by what the employer would have paid on lawful termination with notice.
A fifth source is coming. The Workplace Fairness Act 2025 will prohibit adverse employment decisions, including dismissal, based on protected characteristics, for employers with 25 or more employees. MOM has said it aims for it to take effect at the end of 2027, with discrimination claims of up to S$250,000 heard by the ECT after mediation. Our Workplace Fairness Act checklist covers that regime.
What counts as wrongful dismissal
The guidelines draw a clear line between reasons that justify dismissal and reasons that make it wrongful. The table summarises the main categories.
| Situation | Generally valid or wrongful? | What decides it |
|---|---|---|
| Dismissal with notice, no reason given | Presumed not wrongful | The employee must show a wrongful reason behind it |
| Misconduct after due inquiry | Valid, with or without notice | Whether there was a proper inquiry and a chance to be heard |
| Poor performance | Valid with notice only | Whether the employer can substantiate the poor performance |
| Redundancy or restructuring | Valid with notice | Whether the restructuring was genuine; refilling the same job undermines it |
| Discrimination (age, race, gender, religion, marital status, family responsibilities, disability) | Wrongful | Evidence of the real reason, such as remarks, timing and comparators |
| Avoiding benefits such as maternity entitlements | Wrongful | Timing relative to disclosure and the employer's explanation |
| Punishing the exercise of an employment right | Wrongful | For example, dismissal after a TADM salary claim or a justified refusal of overtime |
| A stated reason that is untrue | Wrongful | Whether the reason given in the letter is proven false |
| Involuntary resignation | Treated as a dismissal | Whether the employee was forced to resign; see constructive dismissal |
Two features of wrongful dismissal in Singapore surprise people. First, unfair treatment that falls short of these categories, such as a harsh but genuine performance assessment, is not wrongful. Second, an employer who gives no reason and pays notice is in a stronger position than one who gives a reason it cannot prove. Our guide to performance improvement plans explains how employers substantiate a performance exit.
Who can bring a claim
Most employees can bring a claim for wrongful dismissal in Singapore through TADM, including foreign employees on work passes. Union members can also ask their union for help. There are important qualifications:
- Managers and executives dismissed with notice need at least six months' service with the employer before they can file, according to MOM. Those dismissed without notice do not face that requirement.
- Excluded groups under the ECT framework include public servants, foreign domestic workers, seafarers and the self-employed.
- Claims against a party resident or registered outside Singapore are not eligible for the ECT, which matters for employees hired by overseas entities.
- Age-related dismissals and refusals to offer re-employment can also be raised with MOM within one month under the Retirement and Re-employment Act; see our guide to retirement and re-employment ages.
The burden of proof depends on how the employment ended. For a dismissal without notice, the employer must prove the dismissal was not wrongful. For a dismissal with notice or salary in lieu, the employee must prove that it was.
The claim process, step by step
The statutory route for wrongful dismissal in Singapore is designed to be used without lawyers, but the deadlines are strict.
- Collect the documents. Contract, handbook, termination letter, payslips, appraisals and any emails or messages that show the reason for dismissal. Note dates of key events.
- File with TADM within one month. MOM's guidance is that the claim should be filed within one month of the last day of employment. Salary-related claims have separate, longer limits, so file everything together where possible.
- Attend mediation. A TADM mediator meets both parties to explore settlement. Many disputes settle here, often on an agreed payment and reference.
- Obtain a claim referral certificate. If mediation fails, the mediator issues a certificate that allows the claim to be filed at the ECT.
- File at the ECT. The claim is filed through the courts' online system. The claim limit applies, and claims cannot be split to fit under it.
- Case management and consultation. A tribunal magistrate clarifies issues, directs documents and encourages settlement.
- Hearing and decision. The tribunal hears both sides and decides whether the dismissal was wrongful and, if so, what remedy to order. Parties generally present their own cases.
The one-month window is the single most common reason a claim fails before it starts. If you are negotiating an exit package and the last day is approaching, file with TADM anyway to protect the position. A claim can be withdrawn if a settlement is reached, but a missed deadline is very hard to cure.
Remedies, compensation and choosing a forum
If the ECT upholds a claim of wrongful dismissal in Singapore, it can order the employer to reinstate the employee and pay income lost because of the dismissal, or to pay compensation of an amount the tribunal determines. Reinstatement is uncommon in practice because relationships have usually broken down.
The guidelines do not publish a compensation formula. In a 2026 written answer to Parliament, MOM said the ECT awarded compensation in 623 wrongful dismissal claims between 2020 and 2025, about 30% of those filed, and that fewer than 9% of awarded claims reached the claim limit. MOM also said it reviews the limits from time to time with the tripartite partners.
| Feature | TADM and ECT | Civil courts (common law) |
|---|---|---|
| Basis of claim | Dismissal without just or sufficient cause | Breach of the employment contract |
| Time limit | File with TADM within one month of the last day | Ordinary contractual limitation period |
| Monetary cap | S$20,000, or S$30,000 after tripartite or union-assisted mediation | Court jurisdictional limits apply, but no ECT cap |
| Typical measure | Reinstatement with lost income, or compensation set by the tribunal | Damages usually limited to the notice period and contractual benefits |
| Lawyers | Parties generally present their own case | Legal representation usual; adverse costs risk |
| Speed and cost | Faster and low cost | Slower and more expensive, started by originating claim |
For a senior executive whose losses far exceed S$30,000, the question is whether the higher-value contractual claim is actually larger once the notice-period ceiling is applied. If the contract gave a three-month notice period and it was paid, there may be little left to claim at common law, and the statutory route may be the better option even with its cap. Our executive exits and employment contracts pages explain how notice, bonus and equity terms affect the calculation. For court proceedings generally, see our guide to suing in Singapore.
How employers defend a claim
An employer facing a claim of wrongful dismissal in Singapore will usually rely on one or more of the following, and the strength of each depends on the documents created before the dismissal.
- A valid reason, substantiated. Appraisal records, PIP notes, inquiry minutes or restructuring papers that predate the decision.
- Proper process. For misconduct, evidence of a due inquiry: notice of the allegation, a chance to respond and a reasoned outcome. Our workplace investigations team advises on running inquiries.
- Dismissal with notice and no false reason. Where notice was paid and no reason was given, the employee carries the burden of proving a wrongful motive.
- Genuine redundancy. Evidence that the role was removed and not refilled, and that selection criteria were objective.
- Eligibility and time. A manager with under six months' service dismissed with notice, or a claim filed out of time.
Settlement is often sensible even where the employer has a defence. Mediation is confidential, and a modest agreed payment with a neutral reference may cost less than management time spent preparing for a hearing.
Illustrative scenario: a restructuring that was not
This scenario is illustrative only and does not describe any real client or matter.
An operations executive with four years' service is given one month's notice. The letter says the role has been made redundant in a restructuring. Three months later, the employer advertises a job with the same title and duties. The executive had, shortly before the dismissal, disclosed a pregnancy.
The executive files with TADM within the month. At mediation, the employer argues the new role is different. On the documents, the duties are substantially the same. The stated reason looks false, and the timing suggests a wrongful motive linked to maternity benefits. If the claim proceeds, the ECT would weigh the evidence of the restructuring against the timeline, and the burden would fall on the employee to prove wrongfulness, which the advertisement and timing go a long way towards doing.
The lesson for employers is that restructuring explanations need contemporaneous business evidence and a plan for what happens to the work. The lesson for employees is to note dates, keep the termination letter and watch for evidence of replacement.
Risks and common mistakes
Most disputes about wrongful dismissal in Singapore turn on a handful of avoidable errors, made by employers and employees alike.
Missing the one-month deadline
Employees often wait for a final payslip, a reference or a settlement offer before acting. MOM's guidance is that the wrongful dismissal claim should be filed within one month of the last day of employment. Late claims may not be accepted. File promptly, list every head of claim and keep negotiating in parallel if you want to.
Giving a reason you cannot prove
Employers sometimes give a softer reason, such as restructuring, to spare feelings, or a performance reason without a file to support it. Under the guidelines, a false stated reason makes the dismissal wrongful. Either give no reason and pay notice, or give the true reason and make sure the evidence exists.
Summary dismissal without a due inquiry
Dismissing without notice for misconduct requires a due inquiry. Skipping the inquiry because the facts seem obvious converts a defensible dismissal into a wrongful one. Give the employee written notice of the allegation, a fair chance to respond and a decision by someone who has considered the response.
Signing a settlement without checking what it waives
Separation agreements commonly include a full release of claims. Once signed, the employee may be unable to pursue a wrongful dismissal claim, unpaid bonus or other entitlements. Read the release, check that statutory amounts such as salary and leave are paid in full, and get advice before signing if the sums are significant.
Choosing the wrong forum for a high-value claim
Abandoning the excess over the ECT limit is permanent: the courts say the excess cannot then be recovered elsewhere. Conversely, starting a court action for a claim whose real value is the notice period may cost more than it recovers. Model both routes before filing.
Cross-border issues and next steps
Wrongful dismissal in Singapore often has an international element. Regional staff may be employed by a Singapore entity but report to managers overseas, or be seconded from a parent company with a foreign-law contract. Points to check include which entity is the employer, whether the ECT has jurisdiction over it, whether any foreign governing law clause affects the contractual claim, and how a dismissal affects the employee's work pass and family's passes.
TRW & Co advises employers and senior employees on exits that span Singapore, Bangladesh, the UK, the UAE and China, coordinating strategy across jurisdictions and working with Singapore-qualified counsel where court representation is required. A short checklist:
- Note the last day of employment and the one-month TADM deadline.
- Gather the contract, handbook, termination letter, appraisals and key correspondence.
- Identify the stated reason and the evidence for and against it.
- Check eligibility: role, length of service, employer entity and residence.
- Estimate the claim under both the ECT and common law routes.
- Consider whether a negotiated exit is better for both sides.
For broader dispute strategy see our employment disputes practice. To discuss a dismissal, a claim or a proposed exit, speak to our team.
Frequently asked questions
01How much compensation can I get for wrongful dismissal in Singapore?
Through the statutory route, the Employment Claims Tribunals can award up to S$20,000, or S$30,000 if the dispute went through tripartite or union-assisted mediation. Within that cap the tribunal decides the amount, and there is no published formula. MOM has told Parliament that fewer than 9% of compensated claims reached the limit. A common law claim in the civil courts is not subject to that cap, but damages are usually limited to what the employer would have paid on lawful termination with notice.
02Can I claim wrongful dismissal if I was paid salary in lieu of notice?
Yes. The tripartite guidelines treat termination with salary in lieu of notice as a dismissal. However, where notice or salary in lieu was given, the employee bears the burden of proving the dismissal was wrongful, for example because the real reason was discriminatory or the stated reason was false. Managers and executives in this situation also need at least six months' service with the employer before they can file.
03Do I need a lawyer for a wrongful dismissal claim?
Not for the statutory route. TADM mediation and the Employment Claims Tribunals are designed for parties to present their own cases, and the tribunals generally do not allow legal representation at hearings. Many people still take legal advice before filing, to assess the merits, estimate the value and prepare documents. For a common law claim in the civil courts, legal representation is usual and there is a risk of paying the other side's costs if you lose.
04Can I bring a wrongful dismissal claim during probation?
Generally yes, if the real reason for ending your employment was wrongful, such as discrimination or a false reason. The main limit is the service requirement: managers and executives dismissed with notice need at least six months' service. Employers can end probation on the contractual notice without giving reasons, so the employee would need evidence of a wrongful motive.
05What is the difference between wrongful dismissal and unfair dismissal?
Singapore does not have a general unfair dismissal regime of the kind found in the UK. The statutory test is whether the dismissal was without just or sufficient cause, applied through the tripartite guidelines. A dismissal can feel unfair, for example because it was abrupt, without being wrongful in the legal sense, provided notice was given and the reason was genuine and lawful.
06Can my employer give a bad reference after I file a claim?
Retaliating against an employee for exercising employment rights, such as filing a TADM claim, is treated as wrongful in the dismissal context, and the Workplace Fairness Act will prohibit retaliation once in force. A reference that is deliberately false and damaging may also give rise to separate legal claims. References are often agreed as part of a mediated settlement, which is a practical way to address the concern.
Sources and official materials
- Ministry of Manpower: Wrongful dismissal — Filing deadline, burden of proof, service requirement and remedies
- Tripartite Guidelines on Wrongful Dismissal — Valid and wrongful reasons, with illustrations
- Singapore Courts: Cases eligible for employment claims — ECT eligibility, claim limits and TADM referral certificate
- Employment Act 1968 — Statutory basis for wrongful dismissal claims
- MOM written answer on wrongful dismissal claims and claim limits (2026) — ECT outcomes 2020 to 2025 and review of limits
- Wee Kim San Lawrence Bernard v Robinson & Co (Singapore) Pte Ltd [2014] SGCA 43 — Court of Appeal on damages for wrongful termination
- MOM press release: Workplace Fairness (Dispute Resolution) Bill — Future discrimination claims process and limits
General information only, current as at 5 November 2026. It is not legal advice and does not create a lawyer–client relationship. Singapore law and regulatory practice change; check current official sources and take advice on the facts of your matter.
