<\/p>\nwhich was passed in January,<\/p>\n
<\/a> prohibits discrimination on the basis of age; nationality; sex, marital status, pregnancy status and caregiving responsibilities; race, religion and language; and disability and mental health conditions. <\/p>\n
In his speech, Dr Tan spoke on how the second Bill is intended to encourage amicable resolution, first via companies\u2019 internal grievance handling process, before embarking on mediation.<\/p>\n
On mediation, he noted that workplace fairness disputes can be brought to the Employment Claims Tribunals (ECT) or the High Court for adjudication only as a last resort should mediation fail.<\/p>\n
Dr Tan then outlined moves to build up the capabilities of mediators to deal with complex, higher-value disputes above $30,000.<\/p>\n
The Government will appoint other mediation service providers, such as the Singapore Mediation Centre, to handle such higher-value claims. <\/p>\n
Currently, the Tripartite Alliance for Dispute Management (TADM) handles compulsory mediation for salary and unfair dismissal claims of up to $20,000, or up to $30,000 for unionised workers.<\/p>\n
Dr Tan said TADM mediators will also receive customised training on a host of mediation approaches to deal with complex workplace discrimination disputes, as well as inclusivity and sensitivity training.<\/p>\n
\u201cWe will set more stringent requirements on mediators for higher-value claims, including possessing legal qualifications or having relevant experience mediating employment disputes.\u201d<\/p>\n
He also elaborated on the decision to expand the ECT\u2019s jurisdiction to hear workplace discrimination claims of $250,000 and under, far higher than the existing limit of $30,000 for salary and unfair dismissal claims.<\/p>\n
The high limit is to ensure the vast majority of cases needing adjudication, including those involving professionals, managers and executives who earn higher salaries, are heard by the ECT.<\/p>\n
The ECT provides affordable, accessible and swift resolution through a judge-led process in which judges guide parties on the issues in contention and the evidence needed, where lawyers are not allowed, Dr Tan said.<\/p>\n
He added: \u201cThe expansion of the ECT\u2019s monetary jurisdiction does not mean that we expect workplace discrimination claims to be of higher value than other employment claims today.\u201d<\/p>\n
However, higher-value claims above $250,000 are better heard by senior judges on the High Court bench, with legal representation, Dr Tan said.<\/p>\n
\u201cThis is also the case for other types of high-value employment claims today. I do not expect many workplace discrimination claims to be commenced in the High Court.\u201d<\/p>\n
Most cases at the ECT are resolved within six months, while employment-related cases in the State Courts are resolved within 18 months, Dr Tan noted.<\/p>\n
Addressing concerns of frivolous and vexatious claims, Dr Tan said employers will be able to apply for such claims to be struck out by judges.<\/p>\n
Judges will also be empowered to strike out claims. They can award costs against an individual who pursues a claim that is without merit, he added.<\/p>\n
Individuals can also be investigated by the police for abusing court processes.<\/p>\n
\u201cIf they persist in raising unmeritorious claims, they can be restricted from commencing further legal proceedings.\u201d<\/p>\n
Dr Tan also said workers may not know how to go about justifying their claim amounts, while employers may be concerned about unnecessary inflation of claim values.<\/p>\n
\u201c(The Ministry of Manpower) will work with tripartite partners to explore ways to address this in the implementation. <\/p>\n
\u201cClaimants will still need to prove their losses to justify the damages claimed, and judges will also make a fair and balanced assessment of the reasonableness of the claim amount.\u201d<\/p>\n
Dr Tan also said education and outreach efforts for both employers and workers are ongoing, including an upcoming handbook to capture the legal provisions and key principles behind the law that includes illustrations and case studies.<\/p>\n<\/div>\n
\n
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