Ensuring accessible and fair resolution of workplace discrimination: Forum

We refer to the commentary “Taking employers to task over discrimination: How easy is the legal process?” (Dec 29) by Ms Sugidha Nithiananthan and Ms Caitlin C. Fernandez, and Ms Mizue Sauco’s Forum letter, “Improve access to justice at the Employment Claims Tribunal” (Jan 6). 

The Workplace Fairness (Dispute Resolution) Act provides a structured avenue for redress starting with direct engagement between parties. If resolution fails, mandatory mediation follows before a case can proceed to adjudication. This tiered approach emphasises amicable outcomes to preserve workplace harmony. 

The Employment Claims Tribunals (ECT) offers a simplified and guided process that is accessible, affordable, and expeditious with safeguards against frivolous claims. The Act’s framework does not permit legal representation at the ECT; however, workers and employers may seek legal advice outside proceedings or assistance through their respective unions. 

Judges in ECT proceedings proactively identify relevant issues and see that pertinent evidence is presented. To assist litigants who may not be legally trained, registrars will provide procedural guidance. As Ms Sauco notes, self-presented parties may apply for family members or friends to provide non-legal support during hearings, via the Community Courts and Tribunals Friend Scheme. More details are available on the SG Courts website (self-help guides).

The decisions of the ECT – as courts of law – must be grounded in evidence where parties must prove their case. These procedural rules are essential to ensure that credible evidence is presented and that employers and workers are treated equally. The ECT ensures due process through a rigorous procedure and has maintained a consistent pace in doing so. While the duration between the filing of the claim and the first case management conference varies, most cases continue to be concluded within six months, notwithstanding a 67 per cent increase in claims between 2021 and 2025. 

The judiciary continues to refine its processes to remain user-centric and accessible, including modernising digital platforms for audio and video evidence submission. 

Workplace discrimination cases can be complex, and public awareness and education are key. The Ministry of Manpower and the Tripartite Alliance for Fair and Progressive Employment Practices are stepping up public outreach and education efforts, including the development of a handbook to provide clear and practical guidance to help employers and workers understand and apply the law in the workplace. 

Tan Li Sheng 
Divisional Director, Workplace Policy and
Strategy Division 
Ministry of Manpower

Mark Khng

Director, Admin & Operations (Community Courts & Tribunals)
Singapore Courts 

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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