Redress For Wrongful Dismissals Are Often Inadequate

5 November 2011

HOME often encounters workers who wish to seek redress when they are dismissed at work. These dismissals often happen because employers claim that the workers are unable to perform well, or have 'attitude' problems. Those who are lucky may get a partial refund of the thousands of dollars they paid to a recruitment agent for their jobs. Those who are not may be seized by a repatriation company, confined against their will, and sent back by force to their home countries within a day or two. 

The employer's right to unilaterally cancel a work permit gives them disproportionate power to terminate their workers at whim. The only recourse workers have for unjust dismissals is to appeal to the Minister of Manpower under Section 14 of the Employment Act within a month of the dismissal.

In our experience, the Ministry of Manpower is often reluctant to facilitate this process for migrant workers. They are usually not informed that they may make an appeal for wrongful dismissal. This is in spite of the fact that they have informed MOM that their work permits have been cancelled and they are unhappy about being terminated. MOM officers appear to be interested in helping workers claim back their salaries only, and will tell workers there is little that can be done if they have been dismissed. 

To make matters worse, the law requires workers to state in their appeal to the Minister that they wish to be reinstated to their former employment. The Minister may decide after an investigation has been conducted, whether to reinstate the employee or order the employer to give compensation. However, asking workers to request to be reinstated to their former employment is not realistic. Which aggrieved employee would be willing to resume an employment relationship with an employer he or she has lodged a complaint against? The requirement for employees to request reinstatement should be removed.

The weak enforcement of our labour laws has made it easy for unscrupulous employers to abuse their power. When we do not create effective mechanisms for redress against wrongful dismissals, we are reinforcing the idea that low wage workers are disposable commodities. As a result, there is little to motivate irresponsible employers to resolve work place conflicts professionally, and to create a work culture of respect and dignity.