Appeal to General Division of High Court
23.—(1) Any party to proceedings before a tribunal may appeal to the General Division of the High Court against an order made by the tribunal under section 22(1) —(a)
on any ground involving a question of law; or
(b)
on the ground that the claim was outside the jurisdiction of the tribunal.[40/2019]
(2) An appeal lies to the General Division of the High Court under this section only if permission to appeal is given by a District Court.[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(3) Where the only reason for appealing against an order made by a tribunal under section 22(1) is to rectify anything mentioned in section 22(10)(a) to (d), a District Court may, instead of giving permission to appeal —(a)
extend the time under section 22(10) for the correction of the order; and
(b)
remit the matter to a tribunal for the correction of the order in accordance with section 22(10) and (11) (except to the extent that the time under section 22(10) may have been extended).[Act 25 of 2021 wef 01/04/2022]
(4) Each of the following is final and is not subject to any appeal:(a)
any order of a District Court giving or refusing permission under subsection (2);[Act 25 of 2021 wef 01/04/2022]
(b)
any order of a District Court extending or refusing to extend under subsection (3)(a) the time under section 22(10) for the correction of an order made by a tribunal;
(c)
any order of a District Court remitting or refusing to remit under subsection (3)(b) a matter to a tribunal.
Appeal does not operate as stay of execution or enforcement
24.—(1) An appeal against an order made by a tribunal under section 22(1) does not operate as a stay of execution or enforcement of that order, unless a District Court or the General Division of the High Court orders otherwise.[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(2) A District Court or the General Division of the High Court may direct that a stay of execution or enforcement (of an order made by a tribunal) be subject to any conditions that the District Court or the General Division of the High Court thinks fit to impose, including conditions as to costs, payment into a District Court or the General Division of the High Court, or the giving of security.[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(3) Any order or direction of a District Court on an application for a stay of execution or enforcement (of an order made by a tribunal) is final and is not subject to any appeal.[Act 25 of 2021 wef 01/04/2022]
(4) The General Division of the High Court may order a stay of execution or enforcement of an order made by a tribunal, or give a direction under subsection (2), only if —(a)
a District Court has given under section 23(2) permission to appeal against the order made by the tribunal; and[Act 25 of 2021 wef 01/04/2022]
(b)
no application was made to any District Court for a stay of execution or enforcement of the order made by the tribunal.[40/2019]
[Act 25 of 2021 wef 01/04/2022]
Powers of General Division of High Court on appeal
25.—(1) On an appeal against an order made by a tribunal, the General Division of the High Court may —(a)
dismiss the appeal;
(b)
allow the appeal and set aside or vary the order; or
(c)
remit the matter to the tribunal for reconsideration, or order a rehearing of the matter by a different tribunal, with any directions that the General Division of the High Court thinks fit to give.[40/2019]
(2) The General Division of the High Court may also make on the appeal any other orders (including an order as to costs and expenses) that the General Division of the High Court thinks fit, but must not —(a)
reverse or vary any determination made by a tribunal on a question of fact; or
(b)
receive further evidence.[40/2019]
(3) When deciding an appeal against an order made by a tribunal on a claim for employment assistance payment, or on the calculation of the amount of an employment assistance payment, the General Division of the High Court may take into account the tripartite guidelines on re-employment.[55/2018; 40/2019]
(4) When deciding an appeal against an order made by a tribunal on a claim involving a wrongful dismissal dispute, the General Division of the High Court —(a)
is to have regard to the tripartite guidelines on wrongful dismissal; and
(b)
if any compensation is claimed, is to calculate the amount of that compensation in accordance with any regulations made under section 34(1).[55/2018; 40/2019]
Finality of decision of General Division of High Court
26. Any judgment, order or direction of the General Division of the High Court on any of the following matters is final:(a)
an appeal against an order made by a tribunal;
(b)
an application for a stay of execution or enforcement of an order made by a tribunal.[40/2019]
[Act 25 of 2021 wef 01/04/2022]
Burden of proof
27.—(1) In any proceedings under this Act before a tribunal or the General Division of the High Court, a person who makes any of the following allegations bears the burden of proving that allegation:(a)
an allegation that the person is not the employer or employee of the claimant;
(b)
an allegation that the person is not a person who has a duty under any of the following Acts to do or abstain from doing any thing:(i)
the Child Development Co‑Savings Act 2001;
(ii)
the Employment Act 1968;
(iii)
the Retirement and Re‑employment Act 1993.[55/2018; 40/2019]
(2) In any proceedings under this Act before a tribunal or the General Division of the High Court, the following apply:(a)
where an employee is dismissed without notice by an employer under section 14(1) of the Employment Act 1968, and the employee lodges a claim mentioned in section 14(2) of that Act against the employer — the employer bears the burden of proving the allegation that the employee was dismissed with just cause or excuse;
(b)
where an employee is dismissed with notice by an employer, and the notice of dismissal is or purports to be given on the ground that there has been poor performance or misconduct by the employee — the employer bears the burden of proving that ground for giving the notice of dismissal;
(c)
where a notice of dismissal is given to a female employee by an employer in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act 1968, and the female employee lodges a claim mentioned in section 84(2) of that Act against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause;
(d)
where a notice of dismissal is given to a female employee mentioned in section 12(1) of the Child Development Co‑Savings Act 2001 by an employer in the circumstances mentioned in section 84(1)(a), (b) or (c) of the Employment Act 1968 (as applied to the female employee), and the female employee lodges a claim mentioned in section 84(2) of the Employment Act 1968 (as applied to the female employee) against the employer — the employer bears the burden of proving the allegation that the female employee was dismissed with sufficient cause.[55/2018; 40/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
