When Not To Push For A Full Hearing
A hearing is not always your best path, and an earlier settlement may suit you.
A full hearing is not always the stronger choice. Sometimes a fair settlement gets you more, sooner.
When should you not push for a hearing?
When your employer offers a reasonable settlement, weigh it against what a capped award could give you.2 Assuming court is always better can cost you.
The real decision point has moved earlier, to conciliation. There, an officer helps you and your employer try to settle, and no solicitors are allowed to represent either side.1
Which cases suit a hearing?
A hearing suits a case with strong, well documented evidence and a clear gap in your employer’s process. A weaker case built on thin or disputed facts may gain more from an early settlement.
Time and stress are real costs, even when the law is on your side. Decide honestly how much they matter to you.
How do you check an offer?
An offer that looks low can still be fair once you weigh it against a capped award and the time a hearing takes. The reverse is also true.
A quick, informed comparison beats a gut reaction either way. Ask someone who reviews these numbers regularly.
What should you do instead?
Read about the Industrial Court to see what a hearing involves, so you can compare it with any offer. For the earlier decision, read when not to file a dismissal claim.
The page on settlement negotiation explains what a fair settlement talk looks like.
If you have an offer, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send it with your dismissal date. An independent employment lawyer can review it against your facts and reply about whether and how they can act.
If you are comparing a settlement with a full hearing, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the offer and your dismissal date. An independent employment lawyer can handle the claim if it is worth pursuing.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
When does settling make more sense than a hearing?
When your employer offers something reasonable given the capped remedy, and you want to avoid the time and uncertainty of a hearing.
Is a hearing always the stronger option?
No. A hearing suits cases with strong evidence and a clear gap in the employer's process. Weaker cases may gain more from an early, fair settlement.
What if the offer looks too low?
Check it with a lawyer, who can compare it with what a capped award might realistically be.
Can I settle after conciliation fails?
Once conciliation fails, the case is referred onward, so the room to settle informally gets smaller from that point.
Sources
- After a Section 20 representation, JPPM typically arranges one or two conciliation sessions, and solicitors are not permitted to represent either side at that stage Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer Donovan & Ho
Keep reading
If you are comparing a settlement with a full hearing, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the offer and your dismissal date. An independent employment lawyer can handle the claim if it is worth pursuing.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.