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ECT Filing Guide

The document serves as a comprehensive guide to the Employment Claims Tribunals (ECT), detailing the process for employees and employers to resolve salary-related and wrongful dismissal disputes. It outlines eligibility criteria, the Community Justice and Tribunals System (CJTS) for online claim filing, and the steps involved in mediation, case management conferences, and hearings. Additionally, it provides information on claim limits, filing fees, and the necessary documentation required for submitting a claim.

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0% found this document useful (0 votes)
4 views20 pages

ECT Filing Guide

The document serves as a comprehensive guide to the Employment Claims Tribunals (ECT), detailing the process for employees and employers to resolve salary-related and wrongful dismissal disputes. It outlines eligibility criteria, the Community Justice and Tribunals System (CJTS) for online claim filing, and the steps involved in mediation, case management conferences, and hearings. Additionally, it provides information on claim limits, filing fees, and the necessary documentation required for submitting a claim.

Uploaded by

Note Book
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

A GUIDE TO

EMPLOYMENT
CLAIMS
The Employment Claims Tribunals (ECT) provide employees
and employers with a speedy, low-cost forum to resolve
their salary-related and wrongful dismissal disputes.
CONTENTS
CHAPTER 1 Overview 3

CHAPTER 2 Eligibility 5

CHAPTER 3 Community Justice and Tribunals System (CJTS) 7

CHAPTER 4 Filing a claim on the CJTS 9

CHAPTER 5 After a claim is filed 11

CHAPTER 6 Registering a settlement agreement 15

CHAPTER 7 How do I register a settlement agreement? 17

CHAPTER 8 Language 19
CHAPTER 1
OVERVIEW

Before you file a claim at the ECT, you must first submit a mediation request at the
Tripartite Alliance for Dispute Management (TADM). See [Link]

Submit a mediation request at TADM

If mediation is successful
Settlement agreement is signed.

WITHIN 4 WEEKS

Register the settlement agreement online on the


Community Justice and Tribunals System (CJTS) at
[Link]

If mediation is unsuccessful
A claim referral certificate (CRC) is issued.

WITHIN 4 WEEKS

CJTS File a claim online at the ECT


File claims, make applications, pay fees and monitor the
case online at [Link]

Claimant serves the claim and Notice of Case


Notice
Management Conference on Respondent.
On filing a claim, a Notice of Case Management Conference
is issued within 7 working days.

3
A GUIDE TO EMPLOYMENT CLAIMS

Respondent can file a response or file a counterclaim.*


*A response must be filed and served within 7 working days after the
claim is served on the respondent. A counterclaim can only be filed if it
is supported by a CRC issued by TADM in respect of the counterclaim.

Claim
Respondent serves the response and/or counterclaim
on Claimant.

e-Negotiation & e-Mediation**


Parties have a chance to settle their dispute online on the
CJTS without coming to Court.
**Upon request

Case Management Conference (CMC)


Parties must appear before the Registrar for a CMC. If they are unable to resolve their
dispute at the CMC, the Registrar will fix the case for a Hearing.

Case Resolved Hearing


If parties settle their dispute amicably, Parties must appear before the
the case concludes with a Consent Tribunal Magistrate and present
Order being issued. their case. At the end of the
Hearing, an Order will be made.

The ECT is constituted as part of the State Courts. ECT Orders are enforceable in the same manner as orders
of a District Court. Lawyers are not allowed to represent any of the parties in proceedings before the ECT.

4
CHAPTER 2
ELIGIBILITY

Can I file a claim at the ECT?

You can file a claim if you are an employee or an employer with a dispute relating to
salary or if you are an employee who has been wrongfully dismissed. The types of
claims that can be filed at the ECT are:

> Statutory salary-related claims by employees covered under the Employment Act,
Retirement & Re-employment Act and Child Development & Co-Savings Act

> Contractual salary-related claims by all employees, except:


- domestic workers
- public servants and seafarers

> Claims for salary in lieu of notice of termination by employers

> Wrongful dismissal claims by:

- Employees not employed in a managerial or executive position regardless of


whether they have been dismissed with or without notice or payment of salary in
lieu of notice;

- Employees employed in a managerial or executive position who have been


dismissed without notice or payment of salary in lieu of notice;

- Employees employed in a managerial or executive position who have been


dismissed with notice or payment of salary in lieu of notice provided that they
have served the employer for at least 6 months in any position (whether or not in
a managerial or executive position); and

- Female employees who are given a notice of dismissal at any time during her
pregnancy (as certified by a medical practitioner before the notice of dismissal
is given), where the female employee has served the employer for a period of 3
months or more immediately preceding the day the notice is given.*

*Refer to section 84(1) of the Employment Act

5
A GUIDE TO EMPLOYMENT CLAIMS

For example

THE ECT HEARS THE ECT DOES NOT HEAR CLAIMS FOR

> Salary-related claims, such as: > Workmen’s compensation


- Salary
> Transfer of employment
- Overtime pay
- Public holiday pay
- Bonus, commissions
- Retrenchment benefits
- Annual wage supplement

> Wrongful dismissal claims

Please refer to the Employment Claims Act 2016 for the full list of claims which
the ECT can hear.

How much can I claim for?

$20,000 OR $30,000*
A claimant whose claim exceeds the applicable claim limit may abandon the excess
amount for the claim to be heard in the ECT.
*For claimants who have gone through the Tripartite Mediation Framework or mediations assisted by unions
recognised under the Industrial Relations Act.

Note:
You may claim up to the above amount for each of the following types of claims:
1) Salary-related claims; and 2) Wrongful dismissal claims

When do I file an What are the filing fees?


ECT claim?
Claim Amount (S$) Fees (S$)
You must file a claim with the ECT 10,000 and below 30
within 4 weeks after the date of More than 10,000 60
issue of the CRC from TADM.
Payable for claims and responses separately.

6
CHAPTER 3
COMMUNITY JUSTICE AND
TRIBUNALS SYSTEM (CJTS)

The CJTS is a 24/7 online filing and case management system for ECT cases.

Key Features

Convenience
Parties can access their ECT cases online with their
desktops, laptops or mobile devices from anywhere with
an internet connection. A party will be able to submit
documents, view documents submitted by the other
party, pay filing fees, select a preferred court date within a
given period, and monitor case developments online.

@ e-Notifications
Parties will be notified of their case developments
SMS
and hearing dates via SMS and email notifications
where available.

e-Negotiation
After a claim is filed and e-negotiation is initiated by
the respondent, the parties can actively engage and
negotiate an amicable settlement with each other
online without going to Court. On the e-negotiation
platform on the CJTS, each party has 5 rounds of offers
to make in the negotiation. If a settlement is reached,
the parties may apply online for a Consent Order
without having to go to Court.

7
A GUIDE TO EMPLOYMENT CLAIMS

Example of e-Negotiation

My former staff has filed a salary claim of $2,000 against my company. Let me try and
e-negotiate with her before the CMC date. I have 5 rounds to do this. Let’s see how it goes...
Hi, I read your claim. I can offer
you 1 month of salary at $1,000.

Claimant I worked for 2 months, the Respondent


lowest I can go is $1,800.

How about the 3 weeks’ no-pay


leave you took in February? And
you have our company phone!

How about I return the phone


and you pay me $1,500?

Could you consider $1,300,


and you keep the phone?

Ok, we have a deal.

e-Mediation
With e-mediation, the parties may resolve their dispute
online with the help of a court mediator without having to
go to Court. If both parties agree to e-mediate, the ECT will
schedule an e-mediation session with the parties and a court
mediator. If a settlement is reached, the parties may apply
online for a Consent Order without needing to go to Court.

Online Applications
Online Applications All applications relating to ECT proceedings must be
made on the CJTS. Access a variety of applications by
clicking on “Online Applications”.
8
CHAPTER 4
FILING A CLAIM ON THE CJTS

1 Go to [Link]

2 Login using your Singpass (for individuals or business entities). If you are not eligible
for Singpass, you may apply for a CJTS Pass by clicking “Register for CJTS Pass”.

3 Update “My Profile” with your personal particulars.

4 Click “Online Applications” then “ECT”, then choose the e-service Claim Form.

5 Key in your pre-filing ID or proceed to do your pre-filing assessment to obtain


the pre-filing ID.

6 Complete the questions in the pre-filing assessment, and click “Submit”.

7 Fill in your claim.


> Enter your details under “Claimant” and the details of the party you are claiming against
under “Respondent”. The respondent is the party that you are filing a claim against.
> Upload your CRC and other supporting documents in PDF.
Click “Submit”, then “Confirm to Proceed”.

8 Pay the filing fees. Applications will be processed only after the filing fees are made.
Payment may be made:
> Online: Credit Card/eNETS
> Offline: Click “Pay Later” and then “Generate Payment Advice”. Bring the
payment advice to the State Courts and pay by cash, NETS, NETS FlashPay or
credit cards at the payment kiosks located on Level 2, 4 and 7; or via PayNow by
scanning the QR code printed on the payment advice.

9
A GUIDE TO EMPLOYMENT CLAIMS

9 Choose a CMC date and time.

10 Click “Save Respondent Copy”. Print the respondent’s copy of the Notice of CMC
to serve on the respondent within 7 working days after the date of filing the claim.

A claim must not be served on any person or entity outside Singapore.

What documents should I prepare?

You should prepare the following documents to be uploaded into the CJTS:

> Identification documents


For company representatives: Latest ACRA business profile, and letter of
authorisation.

> CRC from TADM.

> All supporting evidence. All evidence submitted must be in the English language,
otherwise, a certified translation into English must be provided.

Scan the QR code


or click the link to
access CJTS directly.
CJTS
[Link]/cjts

10
CHAPTER 5
AFTER A CLAIM IS FILED

Service of documents in the ECT

A claim, response, counterclaim or other document must be served on the other


party. Service is done by any of the following modes:

Personal Delivery Others


Delivering the @ By any means (including by
documents personally facsimile transmission or email)
to the other party. as directed by the ECT.

Registered Post Submitting through the CJTS


CJTS
Sending the documents Submitting the documents
by registered post to the through the CJTS, if the other
party’s last known residential party is a party to proceedings,
address, registered address and has been notified by
or address of that person’s the Registrar of the right to
principal place of business access the CJTS to view the
as notified to ACRA, in an documents served.
envelope addressed to
the person.

After service of the document, parties must file a declaration of service (DOS) with
proof of such service (e.g. Singpost registered post slip). A DOS must be filed before
the first CMC. File the DOS in the CJTS by clicking on “Online Applications”, then
“ECT”, and choosing the e-service Declaration of Service.

The DOS must include the:

> Date and time when the notice was served on the respondent.

> Name of the person who served the notice. If the notice is served by a courier
company, the particulars of the courier company are to be stated.

> Mode in which the notice is served (for example, Personal Delivery or Registered Post).

> Detailed outcome of serving the notice.

If you are unable to serve the notice by one of the above ways, proceed to attend the
CMC. At the CMC, the Registrar may direct you to serve the notice by other means (for
example, by facsimile transmission or email).
11
A GUIDE TO EMPLOYMENT CLAIMS

I am a respondent. What do I do?

1 Login to the CJTS


If a claim has been filed against you, you may login to the CJTS (see Steps 1 to 3 of
Filing a Claim on the CJTS) and key in your one-time reference number as found
in the Notice of Case Management Conference served on you. You will be able
to see the case details online, view the submitted documents, file applications and
monitor the case developments.

2 e-Negotiation & e-Mediation


On the CJTS, you may initiate e-negotiation or e-mediation with a view to
resolving the dispute with the claimant without going to Court.

3 File a Response
If you are disputing the claim, you must file and serve a response within 7 days
after being served with the claim. A response sets out your defence to the claim
and may be filed online on the CJTS. Simply click “Online Applications”, “ECT”
and choose the e-service Response. Make sure you upload all the supporting
documents for the response. A fee of $30 to $60, depending on the value of the
claim, is payable upon filing of the response. After filing the response, serve a copy
of the response (together with all the supporting documents) on the claimant and
file a DOS online before the 1st CMC (See: Service section).

4 File a Counterclaim
If you have a counterclaim against the claimant that is supported by a CRC issued
by TADM, you may file a counterclaim against the claimant. Login to the CJTS, and
click “Online Applications”, “ECT” and choose the e-service Counterclaim and
follow the instructions.

12
A GUIDE TO EMPLOYMENT CLAIMS

Case Management Conferences (CMC)

A CMC is a meeting between all the parties involved in the case and the Registrar. The
Registrar will manage the case and give the parties an opportunity to resolve their
dispute amicably. If the parties reach a settlement during the CMC, the Registrar will
make a Consent Order to reflect the terms agreed upon by the parties. If the parties
are not able to resolve their claim at the CMC(s), the case will be fixed for a Hearing.
If either party is absent at the CMC without a reasonable excuse, the Registrar may
continue with the CMC and issue an order against the absent party.

The Hearing

An ECT Hearing takes place in private before a Tribunal Magistrate. The Tribunal
Magistrate will direct the flow and manner of the proceedings as he/she sees fit.
During the Hearing, each party will have a chance to present his/her case. At the end
of the Hearing, the Tribunal Magistrate may make one or more of the following orders:

> An order to pay money

> An order dismissing the whole/part of a claim

> An order to pay costs

> An order to reinstate the employee to his/her former employment and to pay loss
of wages

> An order to award compensation for wrongful dismissal to the employee

The Tribunal Magistrate can make an order even if a party is absent from the hearing.
In making an order, the Tribunal Magistrate will take into account all the facts of the
case, including whether:

> Any party failed without reasonable excuse to attend any mediation

> Any party failed without reasonable excuse to attend any proceeding before the
Tribunal Magistrate

A copy of the order of the Tribunal Magistrate will be available in the CJTS.

13
A GUIDE TO EMPLOYMENT CLAIMS

Other processes

Applications
A party may make certain applications at the CMC and/or hearing stage, for the
decision of the Registrar or Tribunal. For example, he/she may apply to:
> Extend time
> Amend a claim, response or counterclaim
> Withdraw a claim, response or counterclaim
> Request a representative
> Set aside an order of the Tribunal or the Registrar which was made in
his/her absence.
All applications may be made via the CJTS.

Appeals
A party may file an appeal against the decision made at the CMC by the Registrar, to
a Tribunal. A party may also appeal against the decision of a Tribunal to the General
Division of the High Court. To do so, the party must first apply to the District Court
for leave¹ to appeal on any ground involving a question of law or that the claim was
outside the jurisdiction of the Tribunal.
Enforcement
A party may enforce the ECT order as an order of the District Court, if the other party
does not comply with the ECT order. Enforcement proceedings are part of the civil
justice process.

¹ “Leave” will be known as “Permission” for claims filed on or after 1 April 2022.

14
CHAPTER 6
REGISTERING A
SETTLEMENT AGREEMENT

This part applies to matters that have been settled before you go to the ECT

What is a settlement agreement?

Before you file a claim at the ECT, you must first submit a mediation request at TADM.
See [Link]

After you have submitted a mediation request at TADM, you and the other party
will undergo mediation at TADM. If mediation is successful, both of you will sign a
settlement agreement in the presence of an approved mediator.

The settlement agreement is a legally binding contract between you and the other
party. It is an agreement to amicably resolve existing or potential disputes between
the both of you, and contains terms which the both of you must comply with.

Why register a settlement agreement?

Either party may register a settlement agreement recorded at TADM with the District
Court. Registering the settlement agreement will make it enforceable as an order of
the District Court. This means that if one party does not fulfil his/her obligations under
the registered settlement agreement, the other party is entitled to take enforcement
action against the defaulting party.

A settlement agreement that is not registered with the District Court is still a legally
binding contract. However, if either party breaches the terms of the settlement
agreement, the other party must first sue the defaulting party on the settlement
agreement and obtain a court order in his/her favour before taking enforcement action.

15
A GUIDE TO EMPLOYMENT CLAIMS

You and John sign a settlement agreement at TADM

YOU CAN

Register the NOT register the


settlement agreement settlement agreement

BUT JOHN DOES NOT MAKE PAYMENT TO YOU

You can enforce the registered You have to first sue on the
settlement agreement immediately settlement agreement

You then have to get a


court order in your favour

You can now enforce


the court order

16
CHAPTER 7
HOW DO I REGISTER A
SETTLEMENT AGREEMENT?

Any party to a settlement agreement may apply to register it. The application must be
made online within 4 weeks after the parties sign the settlement agreement.

1 Go to [Link]

2 Login using your Singpass (for individuals or business entities). If you are not
eligible for Singpass, you may apply for a CJTS Pass by clicking “Register for
CJTS Pass”.

3 Update “My Profile” with your personal particulars.

4 Click “Online Applications” then “ECT”, then choose the e-service Registration
of Settlement Agreement.

5 Fill in the details required by the e-service and upload a copy of the
settlement agreement.

6 Pay the filing fees. Applications will be processed only after the filing fees are
made. Payment may be made:
> Online: Credit Card/eNETS
> Offline: Click “Pay Later” and then “Generate Payment Advice”. Bring the
payment advice to the State Courts and pay by cash, NETS, NETS FlashPay or
credit cards at the payment kiosks located on Level 2, 4 and 7; or via PayNow by
scanning the QR code printed on the payment advice.

7 The ECT will notify you to check on the outcome of the registration on the
CJTS. Access your case folder on the CJTS to check for the outcome.

8 If the registration is rejected, a notice will be available on your CJTS case folder.
If the registration is successful, a Notice of Registration will be available in your
CJTS case folder. Print a hardcopy of (1) the Notice of Registration, and (2) a
copy of the settlement agreement, and serve on the other party immediately (See:
Service section).

17
A GUIDE TO EMPLOYMENT CLAIMS

What happens after registration?

Renewal of the registered settlement agreement


The registration of the settlement agreement is valid for 3 years
from the date of its registration. Any party may apply to extend
the registration for another 3 years on the CJTS via the e-service
Renewal of Registration of Settlement Agreement.

Enforcement of the registered settlement agreement


A registered settlement agreement has the same force and effect as an
order given by the District Court, and may be enforced in the same way.

Scan the QR code


or click the link to
access CJTS directly.
CJTS
[Link]/cjts

18
CHAPTER 8
LANGUAGE

ECT proceedings are conducted in English. If you require interpretation services,


you should inform the ECT at the earliest opportunity. The State Courts provide free
interpretation services for the following languages:

> Mandarin, Hokkien and other local Chinese dialects

> Tamil

> Malay

The State Courts also has a working arrangement with TADM to provide free
interpretation services for the Bengali Language*. For any other language(s) or special
needs requiring interpretation services, please make your own arrangements, at your
own cost.

*This does not apply to proceedings for applications for leave to appeal heard by the District Court.

Disclaimer: This publication is produced for general information only and is not intended as substitution for legal
advice. A lawyer should be consulted should you require legal advice on your case. The State Courts disclaim any
and all liabilities arising from and in connection with the contents of this publication.

All information is correct as of 1 March 2023.


1 Havelock Square

Singapore 059724

Tel: 6 JUSTICE (65878423)

[Link]

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