Dr. Jeremy Fernando, a non-residential teaching staff of Tembusu College, National University of Singapore (NUS) was recently reported to have been dismissed for alleged sexual misconduct. NUS has since lodged a police report and issued a press statement after student group Students for a Safer NUS (SafeNUS) called for accountability.
There are important legal, crisis management and public relations (PR) lessons to be learnt from this episode (quite apart from the important issues about organisations upholding cultures of safety from sexual and emotional abuse).
Continue reading “Dr Jeremy Fernando, Internal Investigations, Misconduct and Public Relations”
Significance: Singapore High Court held that contractual discretion in employment contract is subject to an implied term that the discretion is exercised rationally, not arbitrarily or capriciously, in good faith, and consistent with its contractual purpose. Further, the Court applied the new UK Supreme Court test for penalty clauses in Cavendish Square Holding BV v Makdessi  AC 1172 (UKSC) (“Cavendish“), observing that the clause in question is not a straightforward damages clause, hence the usefulness in applying the Cavendish test.
Continue reading “Case Update: Ricardo Leiman v Noble Resources  SGHC 166 – Contractual Discretion and Legal Doctrine of Penalties”
Significance: the Singapore High Court (Coram: Tan Siong Thye J) upheld a two-year restraint of trade, non-competition, clause and ordered an injunction against an ex-employee. The Court also held there was a valid agreement for a severance package which was not predicated on the employee’s compliance with the non-competition undertaking.
Continue reading “Case Update: Tan Kok Yong Steve v Itochu Singapore Pte Ltd  SGHC 85 – High Court upholds 2-year non-compete clause, grants injunction”
Significance: this is the first case where the Singapore High Court elaborated on the meaning of “executive” in the Employment Act for determining whether an employee was entitled to Part IV provisions of the Employment Act, including being paid for overtime work and for working on rest days and public holidays.
The Court held that the claimant, who was a construction site supervisor in charge of a team of other construction workers was not an executive.
As a Singapore employment lawyer, I welcome this clarification.
Continue reading “Case Update: Hasan Shofiqul v China Civil (Singapore) Pte Ltd  SGHC 128 – Meaning of executive in Employment Act – construction supervisor?”
The Employment Act was amended in 2015 to make it mandatory that employees under the Act are provided with itemised payslips and key employment terms (KETs) in writing, and employers are to keep records of employees. A breach of these mandatory requirements is considered a civil breach which will attract administrative financial penalties / fines.
Continue reading “Employment Act mandatory requirements grace period ends 31 March”
In my September 2015 General Election Social Justice Petition Paper, I highlighted the problem of self-employed persons / freelancers being possibly unduly prevented from claiming Government-paid leave. I have since obtained clarification from the Government that such persons will not be prevented from claiming Government-paid maternity leave.
Continue reading “Govt-paid Maternity Leave for Self-Employed Persons”
A M Mohamud (in substitution for Mr A Mohamud (deceased)) v WM Morrison Supermarkets plc  UKSC 11
Significance: the UK Supreme Court held that an employer was vicariously liable for its employee’s act of causing injury to a customer under the close connection test.
Comment: this decision is significant because under previous applications of the doctrine of vicarious liability, an employer will not be held liable for an employee’s acts which were on his whim and frolic, outside the course of employment, or were unauthorised acts. In this case, the Court extended the analysis of unauthorised modes of authorised acts by the employer to an irrational physical attack as falling within the authorised act of an employee’s interactions with a customer.
Continue reading “Case Update: A M Mohamud v WM Morrison Supermarkets plc  UKSC 11”
What legal issues do you need to look out for when starting a business in Singapore? Confidentiality and non-disclosure, legal structure, financing, employees and licences: this article will cover some of these aspects.
Continue reading “Article: Setting Up A Start-up Business in Singapore”