Mediation of specified employment dispute
3.—(1) Before a claimant lodges a claim against a respondent, the claimant must submit to the Commissioner a mediation request relating to every specified employment dispute for which the claim will be lodged.
(2) The mediation request must be submitted to the Commissioner in the prescribed manner by the following time:(a)
for any specified employment dispute concerning the recovery, under section 65 of the Employment Act 1968, of salary — within the period mentioned in section 65(2A) of that Act or, if that period is extended under section 65(2B) of that Act, within the extended period;
(b)
for any re‑employment dispute described in section 8A(3) of the Retirement and Re‑employment Act 1993 — not later than 6 months after the last day of employment of the employee;
(c)
for any re‑employment dispute under section 8B(7) of the Retirement and Re‑employment Act 1993 — within the time determined under section 8B(8) of that Act;
(d)
for any wrongful dismissal dispute in relation to which an employee may lodge a claim mentioned in section 14(2) of the Employment Act 1968 — not later than one month after the date of the dismissal of the employee;
(e)
for any wrongful dismissal dispute in relation to which a female employee may lodge a claim mentioned in section 84(2) of the Employment Act 1968 — within 2 months after the date of the employee’s confinement;
(f)
for any specified employment dispute (not being a dispute mentioned in paragraph (a), (b), (c), (d) or (e)) where an employment relationship has ended (whether due to the retirement of the employee, or the expiry or termination of the contract of service, or otherwise) — not later than 6 months after the last day of employment of the employee;
(g)
for any other specified employment dispute — not later than one year after the date on which the material facts giving rise to the earliest specified employment dispute listed in the mediation request occurred.[55/2018]
(3) The mediation request —(a)
subject to paragraphs (b) and (c), must list every specified employment dispute in relation to which all of the following requirements are satisfied at the time the mediation request is submitted to the Commissioner:(i)
if there is a claim for an amount relating to the dispute, that claim satisfies the requirements in section 12(2), (3) and (4);
(ii)
the material facts giving rise to the dispute occurred not earlier than one year before the date on which that request is submitted to the Commissioner in accordance with subsection (2);
(iii)
the dispute is not listed in an earlier mediation request (relating to specified employment disputes between the same claimant and the respondent) already accepted by the Commissioner and is not withdrawn before the date of the first mediation session to be conducted pursuant to the earlier mediation request;
(b)
must not list a specified employment dispute if —(i)
paragraph (a) requires an earlier mediation request that was submitted by the claimant and accepted by the Commissioner to list the dispute; and
(ii)
the requirements prescribed for this sub‑paragraph are not satisfied in relation to the dispute;
(c)
must not list a specified employment dispute if —(i)
there is a claim for an amount relating to the dispute; and
(ii)
under section 16, that claim cannot be lodged by the claimant with a tribunal; and
(d)
must be accompanied by the prescribed fee for a mediation under this Part.[55/2018]
(4) The Commissioner may —(a)
refuse to accept a mediation request if —(i)
that request does not comply with the requirements in subsections (2) and (3); or
(ii)
the requirement in section 12(7) cannot be satisfied in relation to that claim;
(b)
waive, remit or refund, wholly or in part, the fee mentioned in subsection (3)(d); and
(c)
pay the whole or a part of the fee mentioned in subsection (3)(d) to a person who is prescribed, or who belongs to a class of persons that is prescribed, in lieu of the Consolidated Fund.
(5) Upon accepting the mediation request, the Commissioner must, as soon as reasonably practicable, refer every specified employment dispute listed in that request for mediation by an approved mediator.
(6) Regulations made under section 34 may —(a)
prescribe the manner in which a mediation request is to be submitted to the Commissioner;
(b)
prescribe the persons (or classes of persons) who may submit a mediation request relating to a specified employment dispute on behalf of a claimant, the classes of claimants on whose behalf any such mediation request may be submitted, and the categories of specified employment disputes to which any such mediation request may relate, including different persons (or classes of persons) for different classes of claimants and different categories of specified employment disputes;
(c)
prescribe the requirements mentioned in subsection (3)(b)(ii);
(d)
prescribe the fee mentioned in subsection (3)(d), including different fees for different classes of claimants and respondents and different categories of specified employment disputes;
(e)
prescribe any person or class of persons mentioned in subsection (4)(c);
(f)
provide for the review by the Commissioner of any decision made by the Commissioner under subsection (4)(a) or (b), and the time within which the application for the review must be made; and
(g)
provide for the amendment of the list of specified employment disputes in a mediation request accepted by the Commissioner.
(7) The Minister may, by order in the Gazette, lengthen or shorten one or more of the following periods, either absolutely or for any class of claimants, any class of respondents and any category of specified employment disputes:(a)
the period of 6 months mentioned in subsection (2)(f);
(b)
the period of one year mentioned in subsection (2)(g);
(c)
the period of one year mentioned in subsection (3)(a)(ii).
(8) This section does not apply to a claim if a tripartite mediation has been conducted in an endeavour to reach a settlement in respect of the specified employment disputes to which the claim relates.
Conduct of mediation sessions
4.—(1) An approved mediator must conduct the first mediation session for a specified employment dispute as soon as is reasonably practicable after that dispute is referred under section 3(5), 7(5)(b)(ii) or 22(8) to the approved mediator.
(2) Despite subsection (1), an approved mediator need not conduct any mediation session for a specified employment dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.
(3) Each mediation session must be held in private.
(4) Despite subsection (3) —(a)
the Commissioner may refer all of the specified employment disputes mentioned in subsection (5)(a), (b) or (c) for mediation by the same approved mediator; and
(b)
that approved mediator may conduct the mediation sessions for all of the specified employment disputes mentioned in subsection (5)(a), (b) or (c) together at the same time and place.[55/2018]
(5) Subsection (4) applies where —(a)
2 or more claimants have submitted to the Commissioner mediation requests for the mediation under this Part of specified employment disputes with the same respondent, and the Commissioner is satisfied that all of those disputes are similar in nature;
(b)
2 claimants intend to lodge claims against each other, and each claimant has submitted to the Commissioner a mediation request for the mediation under this Part of that claimant’s specified employment disputes with the other claimant; or
(c)
the same claimant has submitted to the Commissioner 2 or more mediation requests for the mediation under this Part of specified employment disputes (each concerning the recovery, under section 65 of the Employment Act 1968, of the same salary) with different respondents.[55/2018]
(6) Regulations made under section 34 may provide for any matter relating to the conduct of a mediation session.
Representation at mediation under this Part
5.—(1) Except as provided in subsections (2) and (3), a party to a mediation under this Part —(a)
must act in person;
(b)
cannot be represented by an advocate and solicitor; and
(c)
cannot be represented by an agent, whether paid or otherwise.
(2) A party other than an individual may be represented —(a)
if the party is the Government, by a public officer;
(b)
if the party is a body corporate, by an officer, or a full‑time employee, of the body corporate;
(c)
if the party is a partnership, by a partner, or a full‑time employee, of the partnership;
(d)
if the party is an unincorporated association, by a member of the governing body, or a full‑time employee, of the unincorporated association; or
(e)
by any other individual prescribed by regulations made under section 34.
(3) A party who is an individual may be represented by any other individual prescribed by regulations made under section 34.
(4) For the purposes of subsections (2)(e) and (3), the regulations made under section 34 may prescribe different individuals for different parties and different circumstances.
(5) In this section —“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;
“officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate.
Claim referral certificate
6.—(1) This section applies where —(a)
a claimant submits to the Commissioner a mediation request; and
(b)
the Commissioner refers any specified employment dispute listed in that request to an approved mediator.
(2) The approved mediator to whom is referred any specified employment dispute in a mediation request must issue to the claimant a claim referral certificate in respect of every unresolved specified employment dispute listed in the mediation request, if —(a)
the respondent is given reasonable notice of, but does not attend, the mediation for that dispute;
(b)
no settlement is reached at the end of the mediation in relation to one or more of the specified employment disputes listed in the mediation request; or
(c)
the approved mediator is satisfied that there is no reasonable prospect of settling through mediation the specified employment dispute.
(3) Despite subsection (2), if a claimant submits a mediation request but, without reasonable excuse, fails to attend any mediation session to which that request relates, the approved mediator may —(a)
discontinue the mediation; and
(b)
refuse to issue to the claimant a claim referral certificate in respect of all or any of the unresolved specified employment disputes listed in that request.
(4) In this section, a specified employment dispute listed in a mediation request is unresolved if the dispute —(a)
is not settled; and
(b)
is not withdrawn from the list of specified employment disputes in the mediation request.
Settlement of specified employment dispute
7.—(1) Where a specified employment dispute is settled at a mediation under this Part, or at a tripartite mediation conducted by an approved mediator —(a)
the parties to the settlement must enter into a settlement agreement in the form prescribed by Rules of Court made under section 33;
(b)
the total amount payable to a party under the settlement agreement, in respect of every specified contractual dispute (if any) and every specified statutory dispute (if any) settled at the mediation, must not exceed the prescribed claim limit in section 12(7)(a) that is applicable to that party;
(c)
the total amount payable to a party under the settlement agreement, in respect of every wrongful dismissal dispute (if any) settled at the mediation, must not exceed the prescribed claim limit in section 12(7)(b) that is applicable to that party; and
(d)
the settlement agreement must be signed by or on behalf of each party.[55/2018]
(2) A District Court may register a settlement agreement on the application of any party to the settlement agreement, but may refuse to register if the application is not made within the period prescribed by Rules of Court made under section 33 for this purpose.
(3) Where the settlement agreement is registered in a District Court —(a)
the settlement agreement is, for the purposes of execution or enforcement, of the same force and effect as if the settlement agreement had been a judgment given in the District Court and entered on the date of the registration;[Act 25 of 2021 wef 01/04/2022]
(b)
proceedings may be taken on the settlement agreement as if the settlement agreement had been a judgment given in the District Court; and
(c)
any amount (payable to a person) for which the settlement agreement is registered carries interest as if that amount was a judgment debt.
(4) Where a settlement agreement is registered in a District Court, any party to the settlement agreement may, within the period prescribed by Rules of Court made under section 33, apply to a District Court to set aside the registration of the settlement agreement.
(5) A District Court hearing an application under subsection (4) may, if any condition in subsection (6) is satisfied —(a)
set aside the registration of the settlement agreement; and
(b)
do either or both of the following:(i)
set aside the settlement agreement;
(ii)
refer any specified employment dispute purportedly resolved by the settlement agreement for mediation under this Part (if the settlement agreement arose from a mediation under this Part) or for tripartite mediation to be conducted by an approved mediator (if the settlement agreement arose from a tripartite mediation conducted by an approved mediator), with or without the consent of the parties to the settlement agreement.
(6) For the purposes of subsection (5), the conditions are as follows:(a)
the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;
(b)
the settlement agreement includes subject matter that does not relate to a specified employment dispute;
(c)
any term of the settlement agreement is not capable of enforcement as an order made by a District Court;
(d)
the registration of the settlement agreement is contrary to public policy.
(7) Where a District Court sets aside under subsection (5)(b)(i) a settlement agreement, and refers under subsection (5)(b)(ii) any specified employment dispute purportedly resolved by the settlement agreement for mediation under this Part, the following apply:(a)
the approved mediator must issue to the claimant a claim referral certificate in respect of every unresolved specified employment dispute referred by the District Court, if —(i)
the respondent is given reasonable notice of, but does not attend, the mediation;
(ii)
no settlement is reached at the end of the mediation in relation to one or more of the specified employment disputes referred by the District Court; or
(iii)
the approved mediator is satisfied that there is no reasonable prospect of settling through mediation one or more of the specified employment disputes referred by the District Court;
(b)
despite paragraph (a), if the claimant, without reasonable excuse, fails to attend any mediation session, the approved mediator may —(i)
discontinue the mediation; and
(ii)
refuse to issue to the claimant a claim referral certificate in respect of all or any of the unresolved specified employment disputes referred by the District Court.
(8) In subsection (7), a specified employment dispute is unresolved if the dispute is not settled and is not withdrawn by the claimant.
(9) To avoid doubt, where a District Court sets aside under subsection (5)(b)(i) a settlement agreement, and refers under subsection (5)(b)(ii) any specified employment dispute purportedly resolved by the settlement agreement for tripartite mediation to be conducted by an approved mediator, section 30H(3) to (9) of the Industrial Relations Act 1960 applies to that dispute as it applies to a dispute of which the Commissioner is notified under section 30H(2) of that Act.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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