At a glance
- Singapore’s Workplace Fairness Act (WFA) is being introduced in two parts, with the first bill passed in January 2025 and the second bill now under public consultation.
- The proposals include a two-tier dispute resolution process, starting with internal grievance handling, followed by mandatory mediation and potential adjudication by the Employment Claims Tribunal (ECT).
- It is also suggested that claims may be heard in either the ECT or the General Division of the High Court (GDHC), depending on value.
- Unexpectedly, the proposals indicate that compensation limits will be significantly higher than under the current wrongful dismissal framework, with the ECT hearing claims with a value of up to SGD250,000, and the GDHC hearing claims above this value.
- The consultation also seeks views on unions representing both employees and employers in workplace fairness claims to help the parties navigate claims and encourage amicable settlements.
As announced previously, Singapore's first workplace anti-discrimination legislation, the WFA, will be introduced in two parts. The first bill, which covers the definition of 'discrimination' and parties' substantive rights and obligations, was passed in Parliament in January 2025 – please refer to our previous article for more details.
The second bill will cover the approach to resolving workplace fairness disputes and the procedures for managing claims.
On 26 August 2025, the Ministry of Manpower (MOM) published a consultation paper on approach for resolving workplace fairness disputes and procedures for making workplace fairness claims (Consultation Paper) covering: (1) the approach to amicable and expeditious resolution of workplace fairness disputes; (2) the judicial forum to hear workplace fairness claims; and (3) the representation of parties by unions for workplace fairness claims.
MOM has invited members of the public to provide feedback on the Consultation Paper.
Approach to amicable and expeditious resolution of workplace fairness disputes
The Consultation Paper proposes a two-tier approach to workplace fairness disputes, focusing on amicable resolution of disputes, which involves the following steps:
- parties must first attempt to resolve disputes through the employer's internal grievance handling processes; and
- if the dispute is not resolved internally, a private claim may be filed. Mandatory mediation would be required before the claim can be referred to the ECT for adjudication. Even at the adjudication stage, parties will remain subject to a duty to consider amicable resolution, and the courts may take into account parties' efforts at amicable resolution when awarding costs.
Judicial forum to hear workplace fairness claims
The Consultation Paper proposes different judicial forums to hear workplace fairness claims depending on the claim amount. In this regard, it is proposed that:
- The ECT's jurisdiction will be expanded to hear all workplace fairness claims up to and including SGD250,000, while the GDHC will hear all workplace fairness claims above SGD250,000.
- Claims in the ECT will not be bound by the rules of evidence in the civil courts and legal representation by lawyers will not be permitted. In contrast, claims heard in the GDHC will be bound by strict rules of evidence and procedures and legal representation by lawyers will be permitted.
- All workplace fairness claims – regardless of whether they are brought in the ECT or the GDHC – will be heard in private, closed to the public and media, to minimise publicity, protect parties' privacy and reduce the risk of politicisation or misrepresentation.
The proposed claim threshold is a significant and unexpected development. In its final report in 2023, the Tripartite Committee on Workplace Fairness had indicated that compensation limits would likely align with the current wrongful dismissal framework – namely, up to SGD20,000 for non-union members and SGD30,000 for union-assisted claims, with up to SGD5,000 for 'pre-employment' claims.
The reference in the Consultation Paper to claims of up to SGD250,000 therefore marks a substantial departure from previous indications. If implemented, this would open the door to significantly higher-value claims being brought against employers in Singapore. At this stage, there is no guidance on how the ECT or GDHC would assess compensation levels or what factors would be taken into account in determining awards.
Representation of parties by unions for workplace fairness claims
The Consultation Paper proposes to allow unions to play a constructive role in helping parties navigate claims and encourage amicable settlements by:
- Allowing employees to be represented by their union for workplace fairness claims if they are employed in unionised companies.
- Allowing employers to be represented by their union at mediation sessions and the hearing of workplace fairness claims under certain circumstances – this will be a new feature for employers as they currently cannot be represented by their union in claims at the ECT.
