Was My Dismissal Wrongful? What Counts in Singapore and What You Can Claim

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

Being let go is not the same as being wrongfully dismissed. In Singapore an employer may end your employment by giving the notice in your contract (or paying salary in lieu of notice), and it does not have to give a reason. A dismissal becomes wrongful when it is made “without just cause or excuse”, which is the test in section 14(2) of the Employment Act 1968, and that can be so even where notice was given, for example where the real reason is discriminatory, retaliatory or a false pretext. If so, you must file a mediation request with the Tripartite Alliance for Dispute Management (TADM) within one month, under section 3(2)(d) of the Employment Claims Act 2016. If mediation fails, the Employment Claims Tribunals (ECT) decide the claim.

What is the difference between being let go with notice and being wrongfully dismissed?

Either party to an employment contract can end it by giving written notice, and either can instead pay salary in lieu of notice (Employment Act, ss 10 and 11). MOM’s guidance on termination with notice states: “Your employer is not required to give a reason for termination.” A termination that follows the contract is, on its face, lawful.

Wrongful dismissal asks a different question: did the employer have just cause or excuse at all? The Tripartite Guidelines on Wrongful Dismissal say that dismissals with notice “are presumed not to be wrongful” (para 7), but that presumption can be displaced. The Guidelines give these illustrations:

Likely wrongful (Guidelines illustrations)	Likely not wrongful (Guidelines illustrations)
Dismissal because of the employee’s race, even with notice (Illustration 5)	Dismissal for misconduct after a due inquiry where the employee was heard (Illustration 1)
Dismissal of a pregnant employee soon after she disclosed her pregnancy, without maternity benefits (Illustration 6)	Dismissal with notice for poor performance backed by documented reviews (Illustration 2)
Dismissal for declining overtime for care-giving, or for filing a TADM request over unpaid salary (Illustrations 7 and 8)	Dismissal with notice, no reason given and no facts pointing to another motive (Illustration 3)
“Restructuring” given as the reason, but the role was later refilled (Illustration 9)	Dismissal on genuine redundancy after a business restructuring (Illustration 4)

Misconduct is the only legitimate reason for dismissal without notice (para 5), and requires a due inquiry first (s 14(1)). A reason proven to be false also makes the dismissal wrongful (para 9).

Can I bring a claim, and how long do I have?

The Employment Act covers employees under a contract of service, but not seafarers or domestic workers, and public servants only if they fall within a declared category. Interns engaged under a contract of service are covered (see the Courts’ page on filing an employment claim). Under s 14(2A), you can bring a wrongful dismissal claim if:

• you are not in a managerial or executive position (no minimum service under s 14(2A));
• you are a manager or executive dismissed without notice and without salary in lieu (no minimum service); or
• you are a manager or executive dismissed with notice, or paid salary in lieu, after at least 6 months’ service with that employer.

Section 3(2)(d) of the Employment Claims Act requires the mediation request “not later than one month after the date of the dismissal”. MOM’s wrongful dismissal page puts it as “within one month from the last day of your employment”. The statute governs, and it does not define “date of the dismissal”. If you were given notice and are still working it out, the cautious course is to file within one month of being told, rather than wait for your last day.

Mediation at TADM is compulsory. If the dispute is not resolved, the mediator issues a claim referral certificate and you may file at the ECT. Claims of up to S$20,000 may be heard there, or up to S$30,000 if you went through the Tripartite Mediation Framework or union-assisted mediation. Lawyers cannot appear for either side at the ECT (Employment Claims Act, s 19(1)). More on the process is in our guide to TADM and ECT options.

I resigned. Can that still count as a dismissal?

It can. The Act defines “dismiss” to include a resignation where the employee shows, on a balance of probabilities (that is, more likely than not), that he or she “did not resign voluntarily but was forced to do so because of any conduct or omission” by the employer. In JJH v JJI [2026] SGECT 10 at [116], the tribunal read “forced” as meaning the employer’s conduct left the employee “with no practical alternative or choice but to resign”. The employer’s conduct must also be the operative cause of the resignation (at [117]).

What evidence decides a wrongful dismissal case?

Who has to prove what depends on how you were dismissed. If you were dismissed without notice, the employer must prove just cause or excuse (Employment Claims Act, s 27(2)(a)). If you were given notice on the ground of poor performance or misconduct, the employer must prove that ground (s 27(2)(b)). If you were given notice with no reason, the Guidelines say you “must substantiate a wrongful reason” (para 9), an approach the tribunal in SGECT 9 questioned (at [97]). Either way, tribunals look at:

• The reason given, and when. The termination letter and anything said at the meeting. A reason put together only after the dismissal cannot later become its basis (JJF v JJG [2026] SGECT 9 at [96]).
• Timing. Dismissal soon after disclosing a pregnancy or illness, complaining or filing a TADM request.
• Messages and emails. What managers and HR wrote to you and about you.
• Performance records. Appraisals, warnings and improvement plans, or their absence.
• Replacement hiring. Job advertisements for your role after a “restructuring”.
• Your job search. Applications made since, which go to loss of income.

What can the tribunal order?

Under s 14(3) of the Employment Act, if the tribunal finds the dismissal was without just cause or excuse, it may order reinstatement to your former job with pay for the wages lost, or compensation “of wages determined by the Tribunal”. Compensation is assessed under regulation 17A of, and the Second Schedule to, the Employment Claims Regulations 2017. In JGP v JGQ [2026] SGECT 1, the tribunal explained that the remedy is “not punitive” (at [103]) and has two parts:

• Loss of income: the earnings shortfall caused by the dismissal, net of salary in lieu and of what you earned or should have earned by looking for work, up to the three-month cap (at [103] to [105]).
• Harm: “a conventional base of two months” (at [107]), raised or lowered for listed factors. It was reduced by one month there because the employee’s own negligence contributed (at [108]).

The total cannot exceed the ECT’s claim limit. In JJH v JJI [2026] SGECT 10, the tribunal awarded three months’ salary for loss of income and would have awarded two months plus a 50% uplift for harm, but the claim limit “constrained the total award to $20,000” (at [140] to [142]).

What do the 2026 Employment Claims Tribunal decisions show?

A serious allegation must be proved. In JGP v JGQ [2026] SGECT 1, the employee was given notice, then released early with salary in lieu, for “misconduct involving dishonesty”. The tribunal held that where an employer alleges dishonesty, “the employer must prove the mental element” (at [73]). It found dishonesty was not proved (at [98]). Negligent claims made by following practice rather than formal policy did not amount to just cause or excuse (at [99] and [102]). Case note.

Notice pay and no reason is not a complete answer. In JJF v JJG [2026] SGECT 9, the employee was terminated under a contractual clause with salary in lieu and “No reason was given” (at [4]). Failing to prove discrimination did not end the inquiry (at [37] to [38]). The tribunal found the dismissal wrongful and awarded $11,437.50 (at [5]). Case note.

A forced resignation can be a wrongful dismissal. In JJH v JJI [2026] SGECT 10, a long-serving employee returned from cancer treatment with an oncologist’s recommendation of light duties, which the employer treated as inadequate medical documentation. The tribunal called the employer’s insistence on a particular form of medical documentation “nothing more than a pretext” (at [86]). It held that she “did not therefore resign voluntarily but was forced to do so” (at [122]), and that she was dismissed without just cause or excuse (at [140]). Case note.

What am I not entitled to?

• A reason, as of right. On termination with notice, the employer need not give one. Silence alone is not wrongful, but as SGECT 9 shows, it does not protect a dismissal without just cause.
• A statutory retrenchment payment. MOM states that “retrenchment benefit is not mandated by law”. Section 45 of the Employment Act says an employee with less than 2 years’ continuous service is not entitled to one. Whether anything is paid depends on your terms and on what the employer offers, though MOM strongly encourages employers to follow the tripartite advisory on responsible retrenchment. See our article on whether a retrenchment package is fair.

If you were pregnant or on maternity leave, extra protection applies. MOM states that if your employer terminates your employment without sufficient cause while you are pregnant, or retrenches you during your pregnancy, it must still pay the maternity benefits you would have been eligible for, provided you had worked there for at least 3 months and were certified pregnant before receiving notice. MOM also states that it is an offence to dismiss an employee while she is on maternity leave. See our article on dismissal during pregnancy or maternity leave.

When should I speak to a lawyer?

Lawyers cannot appear at the ECT, but advice before you file or sign anything can shape the claim. Consider advice now if:

• your one-month window is running and you are unsure when it started;
• you have been offered a settlement or separation agreement that asks you to give up claims;
• you were accused of misconduct or dishonesty, especially with no proper inquiry;
• the dismissal followed closely on a pregnancy, illness, complaint or TADM request;
• you resigned under pressure and want to know whether it counts as a dismissal; or
• your losses may exceed the ECT limit, so the choice of forum matters.

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Frequently asked questions

Is it wrongful dismissal if my employer gave no reason?

Not by itself. An employer that terminates with notice does not have to give a reason, and the Tripartite Guidelines presume such a dismissal is not wrongful. It can still be wrongful if the real reason was discriminatory or retaliatory, or if there was otherwise no just cause or excuse, as in JJF v JJG [2026] SGECT 9.

How long do I have to file a wrongful dismissal claim?

You must file a mediation request with TADM not later than one month after the date of the dismissal (Employment Claims Act 2016, s 3(2)(d)). MOM describes this as one month from your last day of employment. If you are serving notice, file within one month of being told to be safe.

I am a manager with 4 months’ service. Can I claim?

If you were dismissed with notice or paid salary in lieu, generally not, because managers and executives need at least 6 months’ service in that situation (Employment Act, s 14(2A)(a)). If you were dismissed without notice and without salary in lieu, the 6-month requirement does not apply.

How much compensation can the tribunal award?

The 2026 decisions assessed loss of income up to a three-month cap, plus harm starting from a base of two months’ salary, adjusted up or down. The total cannot exceed the ECT claim limit of S$20,000, or S$30,000 after tripartite or union-assisted mediation.

Can I bring a lawyer to the Employment Claims Tribunals?

No. A party cannot be represented by an advocate and solicitor at the ECT (Employment Claims Act 2016, s 19(1)). You can take legal advice before mediation and before the hearing, to prepare your case and your documents.

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