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Wrongful termination in Singapore

If you searched "wrongful termination", the Singapore legal term you are looking for is wrongful dismissal. The Employment Act makes a dismissal wrongful when your employer let you go without a just or sufficient reason, for example because of discrimination or to strip you of a benefit you had earned. When that happens you can ask the Employment Claims Tribunals to order your old job back with lost pay, or compensation. This guide covers the recognised grounds and the remedies, drawing on MOM, the Tripartite Guidelines, and the Employment Act itself.

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What wrongful termination means in Singapore

Same idea, different label. "Wrongful termination" is the phrase people bring over from American employment law. Singapore does not use it. The term written into our law is wrongful dismissal, and it sits in the Employment Act.

Section 14 of the Employment Act is where this lives. It lets an employer dismiss an employee, after due inquiry, on the ground of misconduct. It also gives the other side of the coin: an employee who considers they were dismissed without just cause or excuse may lodge a claim under the Employment Claims Act 2016 for either reinstatement in their former job or compensation. The Tripartite Guidelines on Wrongful Dismissal put the same test plainly, stating that "dismissing an employee without just or sufficient cause is wrongful."

So the search term and the legal term describe the same situation. From here this guide uses wrongful dismissal, because that is the word MOM, TADM, and the tribunals use. If you also want to know exactly what counts as unfair and how the claim itself runs step by step, read unfair dismissal in Singapore alongside this page. This page stays on the legal grounds and the remedies.

The legal grounds

The Tripartite Guidelines on Wrongful Dismissal, issued by MOM, NTUC, and SNEF, set out what makes a dismissal wrongful and what does not. The starting point is the reason your employer relied on. Where misconduct or poor performance is cited, the guidelines say the employer "bears the burden of proving that ground", and the dismissal is wrongful if they cannot.

When a dismissal with notice is wrongful

An employer can usually end a contract with notice, and the guidelines presume a dismissal with notice is not wrongful. That presumption breaks when the real reason behind the notice is a wrongful one. The guidelines list the wrongful reasons directly:

When a dismissal is not wrongful

The same guidelines are just as clear about the dismissals that stand. Knowing these helps you judge your own case honestly before you spend time on a claim.

Wrongful versus not wrongful under the Tripartite Guidelines on Wrongful Dismissal (Singapore)
Reason for dismissalWrongful?What the guidelines require
Misconduct (theft, dishonesty, insubordination and similar)Not wrongfulOnly reason that allows dismissal without notice, and only after a due inquiry where you can be heard
Poor performanceNot wrongfulMust be substantiated, and the dismissal must be with notice, not summary
RedundancyNot wrongfulMust be a genuine redundancy, where the role is truly no longer needed
Termination with notice, no wrongful reason shownNot wrongfulPresumed valid unless you substantiate a wrongful reason behind it
Discrimination, benefit deprivation, punishment, or a false reasonWrongfulYou must substantiate the wrongful reason with evidence

A "retrenchment" that is really a cover for one of the wrongful reasons is still a wrongful dismissal. If that describes your exit, read retrenchment rights in Singapore next to this page.

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Your remedies

If a wrongful dismissal is made out, the Employment Act gives two remedies, and the Employment Claims Tribunals (ECT) decide which fits. MOM lists them as reinstatement, where you get your former job back and your lost income, or monetary compensation. The Singapore Courts guide describes the tribunal orders the same way: an order "to reinstate the employee to his or her former employment and to pay loss of wages", or an order to "award compensation for wrongful dismissal".

There is a ceiling on what the tribunals can award. The ECT can hear a claim of up to $20,000, or up to $30,000 if you went through the Tripartite Mediation Framework or a mediation assisted by a recognised union. Both TADM and the Singapore Courts state these same limits. A claim above the cap can still be heard if you give up the excess amount.

You reach the tribunals through a set route, not straight to a hearing:

  1. File a mediation request at TADMMediation at the Tripartite Alliance for Dispute Management is compulsory first. You must file within 1 month of your last day of employment (MOM and TADM).
  2. Get a claim referral certificate if it does not settleIf mediation does not resolve the dispute, TADM issues a claim referral certificate (CRC) that lets you take the case further.
  3. File at the Employment Claims TribunalsYou file at the ECT within 4 weeks of the CRC. The tribunal hears the case and can order reinstatement with back pay, or compensation, up to the applicable cap.

The full walk-through of mediation, the certificate, and the hearing sits on the employment dispute process page. If the money you are owed matters more than getting the job back, a salary claim in Singapore may be the better route, and you can run both types of claim.

When to get a lawyer

A lawyer does not appear at the ECT hearing for you. The Singapore Courts guide is explicit that lawyers are not allowed to represent any party in proceedings before the tribunals. That keeps the forum cheap and fast, and it is one reason the ECT exists.

Advice before you file is where a lawyer earns their keep. It is worth getting when the reason for your dismissal looks discriminatory, when the timing points to your employer avoiding a benefit, or when the reason you were given does not match the facts. A lawyer can tell you quickly whether the evidence substantiates a wrongful reason, help you gather it, and make sure you act before the deadline:

Work Rights SG is an independent information site, not a law firm, and this guide is general information rather than legal advice. If you want your own situation looked at, the free consultation below connects you with a partner law firm, an independent employment law firm, who can review it and be in touch.

Frequently asked questions

Is wrongful termination the same as wrongful dismissal in Singapore?

For most people searching this, yes. "Wrongful termination" is the American phrase. Singapore law uses "wrongful dismissal", the term in the Employment Act. Both point to the same question: were you dismissed without a just or sufficient reason? If so, the Employment Act lets you claim reinstatement or compensation through the Employment Claims Tribunals.

What counts as wrongful dismissal in Singapore?

The Tripartite Guidelines on Wrongful Dismissal say a dismissal is wrongful when the real reason is discrimination (for example age, race, gender, religion, marital status and family responsibilities, or disability), depriving you of a benefit you had earned such as maternity pay, or punishing you for exercising an employment right like filing a TADM mediation request. A dismissal is also wrongful if your employer gives a reason that turns out to be false. Genuine misconduct, substantiated poor performance, and real redundancy are not wrongful.

What can I get if my dismissal was wrongful?

If the Employment Claims Tribunals find the dismissal wrongful, they can order your employer to reinstate you in your old job and pay your lost wages, or to pay you compensation. MOM confirms these two remedies. The tribunal decides which one fits your case after hearing the facts.

How long do I have to file a wrongful dismissal claim?

You have 1 month from your last day of employment to file a wrongful dismissal claim at TADM, according to MOM and TADM. Miss that window and the claim is time-barred. If you were a manager or executive dismissed with notice, you also need at least 6 months of service with the employer before you can file.

Can I bring a lawyer to the Employment Claims Tribunals?

Not into the hearing itself. The Singapore Courts guide states that lawyers are not allowed to represent any party in proceedings before the Employment Claims Tribunals. A lawyer can still advise you beforehand, help you weigh whether you have a real claim, and prepare your evidence and documents before you file.

Work Rights SG provides general information about employment rights in Singapore. It is not legal advice and does not create a lawyer–client relationship. It is a free service that connects you with an employment law firm; we do not provide legal advice ourselves. For advice on your situation, speak to a qualified employment lawyer.