Due Inquiry Before Dismissing for Misconduct: How Singapore Employers Get It Right (and Wrong)

By Johnathan Lee, Advocate and Solicitor (Singapore). Updated 31 October 2026.

Yes, you can dismiss an employee without notice for misconduct in Singapore, but only “after due inquiry”. That condition is in section 14(1) of the Employment Act 1968, which sets no fixed procedure. MOM’s guidance says the employee should be told of the alleged misconduct, should have the opportunity to present their case, and the person hearing the inquiry should not be in a position that suggests bias. If the employee later claims wrongful dismissal, the employer must prove the misconduct, so the inquiry is also where you build your record.

What does the Employment Act let me do when I suspect misconduct?

Section 14(1) allows an employer, after due inquiry, to dismiss without notice an employee on the grounds of “misconduct inconsistent with the fulfilment of the express or implied conditions of the employee’s service”. Instead of dismissing, the employer may (a) instantly down-grade the employee, or (b) instantly suspend the employee from work without salary for a period not exceeding one week. MOM presents these as options where misconduct is found, so they also come after the inquiry.

The Tripartite Guidelines on Wrongful Dismissal (para 5) say misconduct is the only legitimate reason for dismissal without notice, with examples such as theft, dishonesty and insubordination. Poor performance is different: an employer cannot dismiss for poor performance without notice (para 6).

The Act covers employees under a contract of service, local or foreign, including managers and executives; MOM lists seafarers, domestic workers, and statutory board employees or civil servants as not covered. For employees outside the Act, the contract governs. Many contracts copy the “due inquiry” wording, and the High Court has read such a clause using s 14(1) as an aid (Long Kim Wing v LTX-Credence Singapore Pte Ltd [2017] SGHC 151 at [132] and [133]).

What does “due inquiry” actually require?

The Act does not define it. In Long Kim Wing at [161] and [162], the High Court said due inquiry “means something more than just the making of inquiries and the conduct of an investigation”. The employee must be informed clearly of the case against him, which “includes the allegation(s) and the evidence against him”. No formal procedure is mandated, but “the more the informality the greater the danger that ‘due inquiry’ was not undertaken”.

The Employment Claims Tribunals (ECT) apply this. In JGP v JGQ [2026] SGECT 1 at [82] (the employer has applied for leave to appeal: at [8]), the tribunal described three elements: reasonably clear notice of the allegations relied on; a real opportunity to answer them; and open-minded consideration of the explanation before the employer fixes on misconduct. It added (at [88]) that s 14(1) does not require an internal appeal.

In JJT v JJU [2026] SGECT 19, a show-cause letter set out the allegation; the employee replied the next day and was dismissed the day after. The tribunal found due inquiry was done: a short response time was not decisive (at [29]), and internal emails showed the employer “considered the responses of the employee and made a reasoned assessment” (at [31]).

What are the steps of a defensible inquiry?

While you investigate, s 14(8) lets you suspend for up to one week, or longer if the Commissioner for Labour approves, on at least half salary. MOM says to apply at least 3 working days before the week ends. If no misconduct is found, the withheld salary must be restored immediately (s 14(9)).

Step	What to do	Why it matters
1. Preserve evidence	Secure CCTV, logs, documents and devices before anyone is confronted.	The employer must later prove the misconduct.
2. Notice of allegations	State each allegation: what, when, and which rule it breaches.	The employee must know the case to meet.
3. Disclose the evidence	Give copies, or a fair chance to view, of the material you will rely on.	Long Kim Wing at [162]: the case includes the evidence.
4. Chance to respond	Allow a written reply and a meeting.	The opportunity must be real, not a formality.
5. Impartial inquiry officer	Appoint someone not involved in the incident, the complaint or the investigation.	MOM: the person hearing it should not be in a position that suggests bias.
6. Record	Keep notes of meetings, the bundle of evidence and the employee’s answers.	Without records, the inquiry is hard to prove.
7. Reasoned decision	Address each allegation and each point in the reply; choose a proportionate sanction.	JJT v JJU at [31]: a reasoned assessment.
8. Outcome letter	State the findings, the misconduct relied on, the sanction and its effective date.	The letter will be read closely in any claim.

Steps 1, 6 and 8 are practical recommendations rather than legal requirements, but they are how you prove the rest. For the employee’s side of the notice, see how to respond to a show-cause letter.

How should I handle CCTV, system logs and witness statements?

• CCTV: export footage early, keep the original unaltered, note who exported it and when, and show the employee the clips you rely on.
• System logs and emails: have IT extract them, record how, and explain what each entry means.
• Witness statements: taken by someone independent of the complaint, dated and signed, with the substance put to the employee.
• The bundle: number every page, and decide only on what is in it.

Where do employers usually get it wrong?

• Deciding first. In JJT v JJU the employee argued the outcome had been “decided in advance regardless of her explanations” (at [30]); the tribunal rejected this on the employer’s internal emails (at [31]).
• New evidence never put to the employee. In Long Kim Wing, the employee “had not been shown all the evidence that the Defendant was gathering” (at [156]) and was not told of other allegations until the termination letter (at [175]). The court found no due inquiry (at [174]).
• Findings that cite material outside the bundle. On the same principle, if the decision relies on something the employee never saw, they had no chance to answer it.
• Mixing performance with misconduct. Under Illustration 2 of the Tripartite Guidelines, dismissing a poor performer without notice would have been wrongful: the performance was not shown to amount to misconduct, and no proper inquiry was held.
• Labels you cannot prove. In JGP v JGQ, due inquiry was satisfied, but the employer alleged dishonesty and could not prove the mental element it chose to allege (at [102]). The lesser wrong found did not justify dismissal.
• Paying notice to avoid the process. The same tribunal held that the due inquiry requirement is engaged “whenever an employer relies on misconduct as the real basis for ending the employment”, even if notice is paid (at [68]).
• Delay. Suspension is capped at one week without the Commissioner’s approval. Plan the timetable before you suspend.

What must I pay, and should I tell the police or MOM?

MOM’s guidance is that dismissal for misconduct is without notice and no salary in lieu of notice is paid. Salary earned and any other sum due must still be paid on the day of dismissal or, if that is not possible, within 3 days after, not counting a rest day or public holiday (s 22). On annual leave, MOM says statutory annual leave can be forfeited where the employee is dismissed on the grounds of misconduct; for employees not covered by Part 4 of the Act, MOM says to check the employment contract on how unused leave is treated.

If you suspect a crime such as theft, you may make a police report; the Singapore Police Force e-service is for crimes that do not need immediate police action, and emergencies go to 999. The Employment Act does not say a police report replaces your own inquiry. If the employee holds an Employment Pass, MOM says it must be cancelled “within 1 week after the last day of notice” (or within 1 week of departure if the holder has left Singapore permanently), and that you must first settle outstanding employment issues, including salary, and provide for repatriation.

What happens if the employee claims wrongful dismissal?

The employee files a mediation request with the Tripartite Alliance for Dispute Management (TADM). Under s 3(2)(d) of the Employment Claims Act 2016, this must be done not later than one month after the date of dismissal; MOM and TADM describe the deadline as one month from the last day of employment. Where the two differ, the statute governs. Any employee covered by the Act who is dismissed without notice can bring the claim; the 6-month service condition for managers and executives applies only where they were given notice or salary in lieu (s 14(2A)).

If mediation fails, the claim goes to the ECT, which hears claims up to $20,000, or $30,000 where the dispute went through mediation under the Tripartite Mediation Framework or union-assisted mediation. The tribunal must have regard to the Tripartite Guidelines (ECA s 20(7)), and the employer bears the burden of proving just cause or excuse (s 27(2)(a)). If the dismissal was without just cause or excuse, the tribunal may order reinstatement with lost wages, or compensation (Employment Act s 14(3)). Lawyers cannot appear in the ECT; a company is represented by an officer or full-time employee (ECA s 19). See what happens when an employer receives a TADM claim and our employer dismissal checklist.

The Workplace Fairness Act 2025 (Act 8 of 2025) will, subject to exceptions, make it discrimination to dismiss an employee on the ground of a protected characteristic, and will require employers to have a written grievance process. Most of it will not apply to employers with fewer than 25 employees. It comes into operation on a date the Minister appoints by Gazette notification, and is not yet in force; MOM says it aims for the Act to take effect in end-2027. See our Workplace Fairness Act guide for SMEs.

When should an employer speak to a lawyer?

• You want to suspend the employee and may need more than one week to finish the inquiry.
• The allegation involves dishonesty, fraud or another label you will have to prove, or you are considering a police report.
• The employee is senior, pregnant or on maternity leave, has recently raised a complaint or a TADM claim, or is a work pass holder.
• No one senior enough to decide is free of involvement, or new evidence surfaced after the employee replied.
• You are unsure whether the problem is misconduct or performance.
• You have already dismissed and received a TADM mediation notice.

See our employment law services.

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Frequently asked questions

Do I need to hold a hearing before dismissing an employee for misconduct?

Section 14(1) of the Employment Act requires due inquiry, but there is no fixed procedure. The employee must be told the allegations and the evidence, and have a real opportunity to respond. A formal hearing is not mandatory, but the more informal the process, the greater the risk.

Can I avoid an inquiry by giving notice instead?

Not safely. In JGP v JGQ [2026] SGECT 1 at [68], the tribunal held that the due inquiry requirement is engaged whenever misconduct is the real basis for ending the employment, even if notice is paid. If notice is given on the ground of misconduct, the employer also bears the burden of proving that ground (Employment Claims Act 2016, s 27(2)(b)).

How long can I suspend an employee during an investigation?

Up to one week, or longer if the Commissioner for Labour approves on your application, at not less than half salary. MOM says to apply at least 3 working days before the week ends. If no misconduct is found, the withheld salary must be restored immediately.

Do I pay salary in lieu of notice when dismissing for misconduct?

No. MOM’s guidance is that no salary in lieu of notice is paid on dismissal for misconduct. Salary earned and other sums due must still be paid within the time set by s 22 of the Employment Act.

How long does a dismissed employee have to bring a claim?

The Employment Claims Act 2016 requires the mediation request to be submitted not later than one month after the date of dismissal. MOM and TADM describe it as one month from the last day of employment. Where the two differ, the statutory wording governs.

This article is general information, not legal advice. It states Singapore law as at October 2026. Speak to a lawyer about your specific situation.