ARTICLE
19 January 2015

No Extra Claims In Constructive Dismissal

JD
Jones Day

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The Court of Appeal made this ruling in an appeal against a High Court decision relating to the dismissal of former Robinsons assistant general manager of corporate sales and cards, Lawrence Wee.
Singapore Employment and HR

In August 2014, the Court of Appeal in Singapore ruled that employees who are forced to quit after their employer makes "life unbearable" (namely, in a "constructive dismissal" situation) should not expect to be awarded any compensation other than that contemplated by their contracts of employment. In order to receive additional damages, employees must show proof of actual loss stemming from their dismissal.

The Court of Appeal made this ruling in an appeal against a High Court decision relating to the dismissal of former Robinsons assistant general manager of corporate sales and cards, Lawrence Wee. Mr. Wee alleged that the company persecuted him because of his homosexuality and requested compensation for loss of future earnings and additional damages, even though he was paid four months' salary in lieu of notice plus cash for unconsumed leave, which was more than the two months' notice (or payment in lieu) provided for in his contract. The Court of Appeal rejected the claim and ordered Mr. Wee to pay S$20,000 in legal costs to Robinsons. 

The ruling, however, did leave open the possibility of damages being claimed if the constructive dismissal results in the employee's future employment prospects being impaired.

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