Ministry of Manpower TADM has to assess and mediate claims before cases go to tribunal
We refer to Transient Workers Count Too's (TWC2) letter "TADM's role in wrongful dismissal claims is to mediate, not adjudicate" (Aug 3).

TWC2 said that the role of the Tripartite Alliance for Dispute Management (TADM) is solely to mediate wrongful dismissal claims, and not to adjudicate or assess the validity of such claims.

This is misleading. While TADM cannot adjudicate the claims under the law, assessment is an important aspect of mediation to ensure fair settlement outcomes.

In handling wrongful dismissal claims, TADM verifies the facts provided by both employers and employees, who may have different views of the dismissal.

TADM then advises parties on its assessment whether the dismissal is likely to be wrongful, based on the Tripartite Guidelines on Wrongful Dismissal and precedents set by the Employment Claims Tribunals (ECT).

This assessment helps parties to focus on the case facts and ensure that mediation is done in a focused and fruitful manner.

If the mediation is successful, both parties will sign a settlement agreement. If not, the employee has the option of pursuing the case at the ECT for adjudication.

Last year, about 75 per cent of wrongful dismissal claims lodged were resolved at TADM, with two-thirds concluded within two months. The remaining cases were referred to the ECT for adjudication.

This outcome demonstrates the trust placed by employers and employees in TADM as an efficient and fair avenue to resolving dismissal claims.

TADM's assessment for the vast majority of wrongful dismissal cases has been aligned and consistent with the eventual outcomes at the ECT.

The majority of such claims adjudicated at the ECT involved unsubstantiated wrongful dismissal claims, and these cases were then dismissed at the ECT or withdrawn by the claimants.

Conversely, a minority of claims referred to the ECT were due to employers' refusal to provide reasonable compensation to employees, and such employers tend to lose their cases at the ECT as well.

Therefore, the tripartite partners are of the view that TADM's current model of managing wrongful dismissal claims is balanced, effective and expeditious.

It would be counterproductive and time-consuming if every claim were to be adjudicated at the ECT.

It would only serve to lengthen the process of redress for wrongfully dismissed claimants, and unnecessarily burden employers who face frivolous claims.

Then Yee Thoong
Divisional Director
Labour Relations and Workplaces Division
Ministry of Manpower

Cham Hui Fong
Deputy Secretary-General
National Trades Union Congress

Sim Gim Guan
Executive Director
Singapore National Employers Federation

Source: https://www.straitstimes.com/opinion/forum/forum-tadm-has-to-assess-and-mediate-claims-before-cases-go-to-tribunal

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