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Church gets go-ahead for judicial review of MOM’s decision

SINGAPORE — In what is believed to be a first, the High Court will have to rule whether the constitutional right of religious groups to manage their religious affairs includes the hiring and firing of employees, as well as the setting of expected moral standards.

SINGAPORE — In what is believed to be a first, the High Court will have to rule whether the constitutional right of religious groups to manage their religious affairs includes the hiring and firing of employees, as well as the setting of expected moral standards.

Faith Community Baptist Church (FCBC) was yesterday granted leave for a judicial review of Manpower Minister Tan Chuan-Jin’s decision to order it to compensate a former employee it sacked in September 2012 for having an extramarital affair with another former church worker. The pair were named in court documents submitted by FCBC.

No date has been fixed for the judicial review hearing, which is typically held in open court.

The Constitution states religious groups have the right to manage their religious affairs, but excludes acts that are “contrary to any general law relating to public order, public health or morality”.

In a post on his Facebook page yesterday, FCBC senior pastor Lawrence Khong said he was grateful the High Court had given the church leave to seek clarification on the issue.

“I reiterate our objective of seeking guidance from the courts on where we stand with reference to our rights as a religious organisation and the parameters within which we operate as a church,” he said.

“We remain respectful of the authorities and acknowledge the MOM’s efforts to protect our nation’s workforce. We hope this is the beginning of deeper understanding and support of each other as we continually dialogue and contribute to nation building.”

In a statement last year explaining why it had sanctioned the FCBC, the Manpower Ministry (MOM) said there was insufficient cause to support the dismissal, noting that “we have to preserve a common secular space for people with other beliefs and employment is one of these secular spaces”.

However, FCBC contended that the dismissal was within the realm of “religious affairs” and that managing them was its constitutional right, which the ministry had contravened.

In court documents, the church said that, given the worker’s job scope — she was the “designated representative” to meet couples seeking to wed and explain what was required of them — and FCBC’s religious values and principles, “especially in relation to what constitutes misconduct for staff”, the MOM’s decision was “irrational”.

It was also obliged to deal with her misconduct due to its accountability to members and the public, added FCBC.

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