Myths About The Industrial Court
Some common beliefs about the court are wrong, and they set the wrong hopes.
Four beliefs about the Industrial Court are common, and all four mislead. Here is what is actually true.
Does reaching court mean a big payout?
No. Back wages are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer.1
The amount, if any, depends on your facts.
Reaching court means the dispute has a hearing. It does not mean money is on its way.
Is it the same as a civil court?
No. The Industrial Court is a tribunal for industrial relations disputes, and its procedures differ from a civil court’s.
Do not expect the process to work the way a civil claim does. Your lawyer can explain the differences for your case.
Do you get your job back if you win?
Not automatically. Reinstatement is the remedy the law puts first, but compensation in its place is also possible.
The court looks at what is practical. The burden stays on your employer to prove the dismissal had just cause or excuse.2
Does every case end in a full hearing?
No. Settlement is possible along the way, and some cases end before a final award.
Do not assume the case is close to over either. It can wait a long time before a hearing date is set.
How do you get past the myths?
Read about the Industrial Court to see what this stage involves. For the stage before it, read myths about filing a dismissal claim.
If remedies are your main concern, the page on back wages and compensation goes into more detail.
If you want a lawyer to act for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your dismissal date and the referral letter. An independent employment lawyer can review your papers and reply about whether and how they can act.
If you are seriously considering your Industrial Court case, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral letter and your dismissal date. An independent employment lawyer can confirm whether it is a case they can take on.
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
Does reaching the Industrial Court mean a big payout?
No. Back wages are capped and no outcome is promised in advance. The court decides on the evidence in your case.
Is the Industrial Court the same as a civil court?
No. It is a tribunal for industrial relations disputes, including unfair dismissal, and it works differently from the ordinary courts.
Do I get my job back automatically if I win?
Reinstatement is the remedy the law puts first, but compensation in its place is also possible, depending on the case.
Does every case end in a full hearing?
No. Settlement is possible at more than one point, and not every case ends in a full award.
Sources
- 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
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a case reaches the Industrial Court Mah Weng Kwai & Associates
Keep reading
If you are seriously considering your Industrial Court case, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral letter and your dismissal date. An independent employment lawyer can confirm whether it is a case they can take on.
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.