LABOUR LAWIN

SINGAPORE

SEMINAR 1

NO FORM OF ELECTRONIC RECORDING IS PERMITTED UNLESS PRIOR PERMISSION IS OBTAINED

INTRODUCTION TO LAW

• Why must you take a Singapore Studies module?

• This is a Singapore Studies module which relates to law.

• Why is it good to know about the law?

SOURCES OF LAW

• Essentially, there are two sources of law:

• (a) Statutes/Acts/Legislation • (b) Cases

Statutes/Acts/Legislation

• Made by whom? - -• Can statute law grow/change over

time?• How/where can you access them? -

http://statutes.agc.gov.sg/

Cases• Made by whom?• Note: general doctrine of

precedent (Why is there such a doctrine?)

• Note: case law, just like statute law can grow/change over time.

• How/where can you access them? - lawnet.com

• High Court – (2011)- A doctor in principle can be liable

in negligence.• Lower Court – (2012)- Another doctor (assume he is

negligent) is sued in negligence – is this court bound by the 2011 High Court decision?

- What if this doctor appeals all the way to the Court of Appeal?

• Lower Court – (2013)- Lawyer being sued in negligence –

is the court bound by the 2011 High Court doctor case?

Statutes and Cases• So the legal solution to any

problem lies in looking at the relevant _____________.

CRIMINAL AND CIVIL PROCEEDINGS

• Proceedings heard in court may be “criminal” or “civil” in nature.

• What are some examples of criminal matters?• When will the doing of something amount to a

crime?

• Issues that affect the private rights and obligations of two parties is civil matter.

• What are some examples of civil matters?

Some differences (generally speaking) between criminal and civil proceedings

Criminal Civil

Parties State v Defendant Plaintiff v Defendant

Aim

Terminology

Burden of Proof

Criminal and Civil Proceedings: Other Matters

• Is it possible that both civil and criminal proceedings arise out of the same set of facts?• What are some examples?

Criminal and Civil Proceedings: Other Matters

• If the facts give rise to both a civil and criminal action – is there any connection between them: ie, are they generally heard by the same court/judge?

• In this course, would the focus be placed on civil or criminal proceedings?

Civil Dispute Resolution• If there is a civil legal wrong, would an

employer/employee definitely want to resolve it through the avenues provided for seeking redress? If not – why not?

• There are various avenues open for seeking redress such as:

• Negotiation• Litigation • Mediation (at various venues)• Labour Court (at MOM)• Arbitration (at IAC)

Civil Litigation

• There are essentially 2 levels of courts in Singapore:• (a) Subordinate Courts - http://app.subcourts.gov.sg/• (b) Supreme Court – http://app.supremecourt.gov.sg

• Some disadvantages of litigation are:

• Must you get the consent of the other party to go for litigation?

Litigation - Costs• If you win a court case, would the losing party pay some, all

or none of your legal fees?

Mediation• What are the advantages of mediation:- It is much cheaper (some places even free)- It is much faster- It is very informal- There is privacy- It attempts to create a win-win situation

• But note: process of mediation is totally different from litigation/arbitration, ie: there is no judgment.

• Must the consent of the other party be obtained to go for mediation?

Mediation• There are various places where you can go for mediation for

employment disputes, such as: Ministry of Manpower: http://mom.gov.sg/publish/momportal/en/home.aspx Open to all employers/employees Singapore Mediation Centre: http://www.mediation.com.sg Open to all

MOM SMC

Which is more Common?

Complexity of Issues?

Cost?

Counsel?

LABOUR COURT (at MOM)• Note: not all employees are covered under the

Employment Act – eg: domestic workers, government employees, statutory board employees and, executives and managers earning more than $4500 a month.

• The labour court is only open to employees covered by the Employment Act.

• Note: no lawyers are involved in the Labour Court and it is very cheap.

• Must you get the consent of the other party to go to the Labour Court?

(a)If she is covered by EA, where can she go?

(b) If she isnot coveredby EA, wherecan she go?

INDUSTRIAL ARBITRATION COURT

• This is only for disputes between unions and employers.

• http://www.iac.gov.sg/• No lawyers are involved.• Must the consent of the other party be

obtained before you go to the Industrial Arbitration Court?

Summary• It is important to know the difference between civil

and criminal proceedings. In this module we will be looking at both.

• The sources of law are statues and cases. In this module we will be referring to both in order to find solutions to typical legal disputes that may arise as between the employer and employee.

• There are various avenues for resolving labour disputes in Singapore. Some may be more suitable than others depending on the circumstances.

Readings• Employment Law in Singapore (basic text); 3rd

Edition: paras: 1.1-1.2, 1.8-1.14.• Introduction to Business Law in Singapore (4th

Edition): Chapter 1

Assessment• Group Assignment (20%) - there will be 1 group assignment. • Class Participation (20%) – involves answering/asking

questions in class. • Final Examination (60%) – will be an open-book examination.

Other Course Related Matters:• IVLE: Workbin; Discussion Forum; Syllabus;

Announcement

• Consultation: Discussion Forum/ bizrc@nus.edu.sg / 65163045/ Mochtar Riady Building, # 06-29.