Your Rights At The Industrial Court
Your case is at court and you want to know what protects you.
At the Industrial Court you have real protections. Knowing them makes the hearing less frightening.
Who has to prove the dismissal was fair?
Your employer does. The burden of proving just cause or excuse sits with it, not with you.1
You do not have to prove your own innocence from a position of doubt.
Can you bring a lawyer?
Yes. A lawyer can represent you directly here, which was not possible at conciliation.
If you have not chosen one yet, decide early. There is more to prepare than at earlier stages.
What can you ask the court to order?
Reinstatement, meaning getting your job back, is the remedy the law puts first. Compensation in its place is also possible, including back wages up to the cap.2
What fits your case depends on the facts. You can also ask to see and answer the evidence your employer presents.
What do these rights mean in practice?
You can question the evidence brought against you. You can ask your lawyer to explain anything you do not follow.
The hearing is meant to be fair, and it does not assume the outcome. These rights apply however the dismissal made you feel.
How do you turn rights into action?
Read about the Industrial Court to see what this stage involves. For the earlier stage, read your rights when filing a claim.
The page on back wages and compensation explains the remedies in more depth.
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 the facts and reply about whether and how they can act.
If you believe your rights were breached and your case is at the Industrial Court, 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 take it forward if you have grounds.
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
Can I bring a lawyer at this stage?
Yes. Unlike conciliation, where solicitors cannot represent you, a lawyer can represent you at the Industrial Court.
Who must prove the dismissal was fair?
Your employer must. The burden does not move to you, and the court expects real evidence.
What can I ask the court to order?
Reinstatement is the remedy the law puts first. Compensation, including back wages up to the cap, is possible depending on the case.
Can I see the evidence against me?
Yes. The hearing lets both sides present evidence, so you can know and answer what your employer relies on.
Sources
- 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
- 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 believe your rights were breached and your case is at the Industrial Court, 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 take it forward if you have grounds.
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.