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Restriction on contracting out
28. Any provision in any agreement (whether made before, on or after 1 April 2017) is void to the extent that it purports —(a) to exclude or limit the jurisdiction of a tribunal; or (b) to prevent a person from —(i) submitting a mediation request; or (ii) making a claim, an application or an appeal under this Act.
Disclosure of information
29.—(1) Despite sections 4 and 18, the Commissioner, an approved mediator, a tribunal magistrate or a Registrar may disclose information relating to a mediation request, a mediation under Part 2, a claim or any proceedings before a tribunal, if the disclosure —(a) is necessary for or in connection with the administration or execution of this Act; (b) is necessary for providing financial or social assistance to the claimant or the respondent; (c) is made to assist a law enforcement agency in the investigation of any offence under any written law; (d) is made to a public agency for the purpose of policy formulation or review; (e) is made to a public agency, and is necessary in the public interest; or (f) is made for any other purpose that may be prescribed by any regulations made under section 34. (2) Despite section 18, a tribunal magistrate or a Registrar may publish information relating to an order or a decision of a tribunal.[55/2018] (3) In this section —“law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law; “public agency” means —(a) the Government, including any ministry, department, agency or Organ of State; or (b) any statutory body or tribunal that is prescribed for the purposes of this definition by any regulations made under section 34.
Protection from personal liability
30.—(1) A tribunal magistrate has and enjoys the same protection that a Magistrate has and enjoys under the State Courts Act 1970. (2) A Registrar, when exercising the jurisdiction and powers of a tribunal, has and enjoys the same protection as a tribunal magistrate. (3) No liability shall lie personally against the Commissioner, an individual authorised to carry out any function or duty of the Commissioner under this Act, or an approved mediator, who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.
Public servants
31.—(1) Every approved mediator, when carrying out the functions and duties of an approved mediator, is deemed to be a public servant for the purposes of the Penal Code 1871. (2) Every authorised person, when carrying out any function or duty of the Commissioner under this Act, is deemed to be a public servant for the purposes of the Penal Code 1871.
Amendment of Schedules
32.—(1) The Minister may, by order in the Gazette, amend any of the Schedules.[55/2018] (2) The Minister may, in an order made under subsection (1), make any provisions of a saving or transitional nature consequent on the enactment of the order that the Minister considers necessary or expedient.
Rules of Court
33.—(1) The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court —(a) to regulate and prescribe —(i) the procedure and practice to be followed —(A) in an application under section 7(2) to a District Court for a settlement agreement mentioned in section 7(1) to be registered in that Court; (B) in an application under section 7(4) to a District Court to set aside the registration in a District Court of a settlement agreement mentioned in section 7(1); (C) in the tribunals and the Registry; (D) in an application under section 17(1) to the General Division of the High Court, a District Court or a Magistrate’s Court for any proceedings before a tribunal, or a counterclaim in those proceedings, to be transferred to the General Division of the High Court, a District Court or a Magistrate’s Court (as the case may be); (E) in an appeal to the General Division of the High Court under section 23 against an order made by a tribunal under section 22(1); (F) in an application to a District Court for permission under section 23(2) to appeal to the General Division of the High Court against an order made by a tribunal under section 22(1); or[Act 25 of 2021 wef 01/04/2022] (G) in an application to the General Division of the High Court or a District Court for a stay of execution or enforcement under section 24 of an order made by a tribunal under section 22(1); and[Act 25 of 2021 wef 01/04/2022] (ii) any matters incidental to or relating to any such procedure and practice; (b) to provide for the enforcement of orders of the tribunals; (c) to provide for fees and costs for the proceedings mentioned in paragraph (a); and (d) to prescribe any matters required by this Act to be prescribed by Rules of Court made under this section.[40/2019] (2) Without limiting subsection (1), the Rules of Court made under this section may provide for the following matters:(a) the part of the business and the jurisdiction and powers of a tribunal magistrate which may be transacted and exercised by a Registrar; (b) the form and content of documents to be used, the sealing of documents, the service of documents, and the giving of notices, for proceedings in a tribunal or court; (c) the manner in which and time within which any act, application to a tribunal, claim or appeal under this Act is to be done, lodged or made; (d) the functions, powers and duties of the tribunals, a Registrar and other officers of the tribunals or the Registry, including in relation to —(i) the service of documents and giving of notices; (ii) the enlargement or abridgement of time for the doing of any act or for taking any proceedings; and (iii) the conduct of proceedings; (e) the manner in which, and the time within which, an application to a tribunal or a claim may be heard, and the circumstances and manner in which claims may be heard together; (f) the withdrawal and amendment of claims; (g) the summoning of witnesses and the payment of witnesses from public funds or otherwise; (h) the means by which particular facts may be proved, and the mode in which evidence of those facts may be given, in any proceedings or on any application to a tribunal in connection with or at any stage of any proceedings before a tribunal; (i) the transfer of proceedings from a tribunal to a court; (j) the joinder of parties in proceedings before a tribunal; (k) the cases in which a person absent, but having an interest in a claim, is to be bound by an order of a tribunal or a Registrar made in relation to that claim; (l) the circumstances in which an order of a tribunal or a Registrar may be made for the representation of an absent person by a party to the proceedings before a tribunal; (m) the circumstances in which any decision, direction or order of a tribunal or a Registrar may be set aside, and the procedure for setting aside any such decision, direction or order; (n) the circumstances in which any decision, direction or order of a Registrar may be appealed against, and the procedure for appeals from a Registrar to a tribunal and from a tribunal to the General Division of the High Court; (o) the scales of allowances, costs and fees to be taken, or paid to any party or witness, in any proceedings before a tribunal or a Registrar; (p) the fees to be charged for anything done by a tribunal or a Registrar, or for any service rendered by the Registry, under or by virtue of this Act; (q) the waiver, refund or remission, whether wholly or in part, of any fee provided for in those Rules of Court; (r) the circumstances (in addition to those mentioned in section 22(2)) in which costs may be awarded in any proceedings before a tribunal or a Registrar, and any other matters relating to the costs of those proceedings.[40/2019] (3) The Rules of Court made under this section may, instead of providing for any matter, refer to any provision made or to be made for that matter by practice directions issued for the time being by the registrar of the State Courts. (4) All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
Regulations
34.—(1) The Minister may make regulations —(a) for carrying out the purposes and provisions of this Act; (b) to prescribe how compensation is to be computed in a claim relating to a wrongful dismissal dispute; (c) to provide for the fees to be charged for anything done or any service rendered by the Commissioner or an approved mediator under or by virtue of this Act; (d) to provide for the waiver, refund or remission, whether wholly or in part, of any fee provided for in those regulations; (e) to exempt any person or class of persons from all or any of the provisions of this Act (except Part 3 and section 33), either generally or in a particular case, and subject to any conditions that may be prescribed; (f) to exclude any specified employment dispute or category of specified employment disputes, and any claim or category of claims, from all or any of the provisions of this Act, either generally or in a particular case; (g) to provide for the service of documents, and the giving of notices, required or allowed under this Act, except documents and notices for proceedings in a tribunal or court; and (h) to prescribe any matters required by this Act to be prescribed by regulations made under this section.[55/2018] (2) The powers conferred by this section do not extend to any matter for which Rules of Court may be made under section 33.
Tripartite guidelines on wrongful dismissal
35.—(1) The Minister may issue guidelines on what constitutes wrongful dismissal in the form of tripartite guidelines.[55/2018] (2) Upon the publication of those guidelines in the Gazette, regard may be had to those guidelines for the purposes of sections 20(7) and 25(4).[34A [55/2018]
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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