New workplace fairness bill sets out procedures for workers in S'pore to file claims for workplace discrimination

Following the first Workplace Fairness Act (WFA) Bill that was passed on Jan. 8, 2025, the second WFA Bill was tabled in Parliament on Oct. 14.

According to the Ministry of Manpower (MOM), this second Bill sets out procedures for workers to file claims against employers if they face workplace discrimination, such as:

• Age
• Nationality
• Sex, marital status, pregnancy and caregiving responsibilities
• Race, religion and language
• Disability and mental health condition

Under this Bill, parties will be enabled to resolve disputes amicably among themselves, provide accessible, expeditious, and just resolutions of claims while deterring frivolous claims, and maintain workplace harmony and preserve social cohesion.

Parties are encouraged to resolve disputes amongst themselves. If the dispute cannot be resolved internally, they should proceed to mediation, with adjudication in courts as a last resort.

Increased threshold

Noting the sensitive nature of discrimination claims and preserving workplace harmony, most WFA claims would be heard in the Employment Claims Tribunals (ECT).

The ECT was established to help workers and employers resolve their employment disputes instead of going through litigation in the regular courts.

Claims up to and including S$250,000 will be heard at the ECT with simplified rules and streamlined procedures, where no legal representation is allowed.

While legal representation is not allowed at the ECT, workers and employers can turn to their respective unions for support with the dispute.

Union representatives can advise workers and employers on their rights and obligations, help parties navigate claims and encourage amicable settlements.

Union representatives can also be permitted in mediation sessions and ECT hearings under specific conditions.

Union members in non-unionised companies will have access to tripartite mediation advisors who can assist in promoting amicable settlements.

The ECT adopts a judge-led approach, with judges taking a proactive role by guiding parties to define or narrow key issues, filtering irrelevant matters, and focusing on the required evidence.

The judges would also take steps to progress the case efficiently by making procedural orders on their own initiative, without requiring formal applications from the parties. This helps parties without legal training to navigate the claims process smoothly.

Claims over S$250,000 will be heard by the High Court, where legal representation is allowed, and strict rules and procedures will apply.

Rules

The Bill also outlines a standard set of rules for all workplace discrimination claims to be heard.

This is to facilitate amicable and expeditious resolution of disputes while preserving workplace and social harmony.

The rules will apply across both the ECT and the High Court, where:

• Claimants are required to attempt mediation before filing a claim at the ECT or the HC
• Requests for mediation must be submitted within a prescribed time frame
• Claims will be heard in private, and parties have a duty to consider amicable resolution during adjudication
• The ECT and High Court will adopt a judge-led approach where judges take a proactive role in managing the case
• ECT and High Court will have the power to strike out frivolous claims and award costs against claimants who file such claims on a case-by-case basis.

Claimants are required to submit a mediation request within a prescribed time bar to encourage individuals to come forward in a timely manner, before evidence degrades, while giving employers some certainty that incidents will not be brought up later.

To safeguard against unmerited claims and protect the integrity of the claims process, firms may apply to strike out claims, and the ECT and High Court can do so on its own initiative.

Costs can be tabled against those who pursue frivolous claims, and parties can be investigated for abusing court processes.

Come into effect in 2027

The first Bill of the WFA, passed on Jan. 8, 2025, aims to strengthen protections for job seekers and employees against discrimination, establish grievance-handling processes for such matters, and provide authorities with calibrated levers to address the small number of bad employers who persist in discriminatory practices.

The new Bill prohibits employers from making an adverse employment decision on the grounds of any of five protected characteristics:

• Age
• Nationality
• Sex, marital status, pregnancy and caregiving responsibilities
• Race, religion and language
• Disability and mental health condition

Such decisions include choosing not to hire someone, giving them a poor performance appraisal, denying a promotion or training opportunity, or firing them.

The Bill also prohibits company policies or job advertisements that discriminate on such characteristics.

Once the second Bill is passed in Parliament, the WFA will be implemented in 2027.

Top photos via Canva