HRSINGAPORE Community Discussions
Wrongful Dismissal / Retrenchment
Dear HR Professionals,
I would like to know if the company ask a staff to resign without giving any valid reason, will this be considered as wrongful dismissal of retrenchment? Is the staff entitled to any benefits ? The staff has been with the company for more than 20 years.
Appreciate any advice you can give. Thanks.
A responsible employer, will not dismiss or terminate an employee without justification. The staff has the right to appeal to MOM if he/she feel that this is a wrongful dismissal. MOM will proceed with investigation if the staff can prove his/her case. MOM will determine if he/she should be reinstated or compensated. Even at retirement age, the Re-employment Act protects eligible staff from wrongful dismissal. As HR practitioners, we need to guide the employer to act responsibly and build up a case before firing a staff.
If the staff resigns voluntarily, there is no issue. If the staff is forced/coerced to resign (or terminated without a valid reason), it may be construed as wrongful dismissal or retrenchment.
As a HR professional, you should question why someone is being asked to leave, after serving 20 years! If his or her performance has been a problem, has this been recorded in the performance review over the years? Or if the job is redundant, then do the right thing and let go with retrenchment payment.
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