Did not End Judicial

refer review
Dismissals
Minister
Dismissal was
valid
Section 20 IRA Refer Industrial Ct

DGIR

Written Dismissal
representation to Preliminary was
DGIR within time requisite for void/invalid
frame Failed jurisdiction

Reconciliation  Work man

(mandatory) Reinstatement Compensation
 Representation
within the time
frame
 Reinstatement
S.30 (6A) &
Success 2nd schedule

Settlement
 Remedy Reinstatement

 60 days from the date of

Preliminary dismissal
requisite for Notice  60 days from the date of Test for S.20
Industrial Ct termination OR 60 days
jurisdiction after the expiry of notice of
termination

Subjective test

Emphasis on the
 Confirm workman
Workman  Probationer
result / consequence
and not method
 Foreign workman
  Consider post – dismissal
earnings
 No compensation for loss of
2nd Schedule earnings
Remedy
 Take into account
contributory misconduct of
the workman

S.30 (6A) Probationer 12 months

Workman asked
for
reinstatement
 Backwages
Compensation

Confirmed 24 months
Industrial Ct
- S.30 (1)
- S. 30 (6)

Reinstatement
 Definition Constructive
Dismissal

Burden of Proof

Test
 The employer’s conduct amount to a Western Excavation
V
breach going to the root of the contract
Sharp
 The breach indicate that the employer no
Contract Test longer intended to be bound by the contract
 The employee must resign as soon as
possible

Wong Chee Hong

V
Cathay Organisation