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Proposed workplace anti-discrimination laws: Mediation-first approach works and should continue, says MOM in response to Aware's call for change

SINGAPORE — Singapore's approach to maintaining workplace harmony emphasises resolving disputes through mediation rather than litigation, which has worked well and must continue with the new set of laws being proposed against workplace discrimination, the Ministry of Manpower (MOM) said on Wednesday (March 8).

People working in an office in the Central Business District.

People working in an office in the Central Business District.

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  • Singapore's approach to maintaining workplace harmony emphasises resolving disputes through mediation rather than litigation
  • This has worked well and must continue, the Ministry of Manpower said in response to feedback from Aware
  • There was an interim report with recommendations on a new set of laws being proposed against workplace discrimination
  • Aware recommended that certain claims under the new laws be exempted from needing mediation first 
  • The advocacy group also made various recommendations on providing clearer definitions of certain terms and making processes more victim-centric

SINGAPORE — Singapore's approach to maintaining workplace harmony emphasises resolving disputes through mediation rather than litigation, which has worked well and must continue with the new set of laws being proposed against workplace discrimination, the Ministry of Manpower (MOM) said.

It was responding on Wednesday (March 8) to feedback from the Association of Women for Action and Research (Aware), which had recommended a day before that certain claims under the new laws be exempted from needing mediation first.

The proposed laws are set out in an interim report released for public feedback on Feb 13 by a committee on workplace fairness made up of representatives from the National Trades Union Congress (NTUC), the Singapore National Employers Federation (SNEF) and MOM.

The legislation will provide for mediation as the main avenue to address discrimination complaints, with recourse to the Employment Claims Tribunals if mediation fails.

In a statement on Tuesday, Aware, a gender advocacy group, said it understands that the mediation-first process is guided by the committee’s aim of preserving a non-litigious workplace culture, and it acknowledged that mediation may be helpful in some cases.

Yet, it is not always appropriate, it added. Due to their bad experience, many of its clients who had faced workplace discrimination did not want to face their employers and some also reported feeling re-traumatised, distressed and humiliated after their mediation sessions.

Aware also noted that the committee’s report did not clearly define “discrimination”.

It added that there are different types of discrimination — direct and indirect discrimination, discriminatory harassment and denial of reasonable accommodation — and capturing these nuances of workplace discrimination is crucial because discrimination does not always look the same across vulnerable groups.

In its response, MOM said that NTUC, SNEF and the Government will work with relevant stakeholders to ensure that there is clarity on matters such as definitions and scope of employers' responsibilities to enable the legislation to achieve its intended effect.

It added that the committee will consider all the feedback received before finalising its recommendations.

WHY IT MATTERS

This is the first time that Singapore is planning to enact laws against workplace discrimination, so there is keen interest in how these laws will be worded.  

Under the proposed laws, if workers report workplace discrimination, they may go to the Tripartite Alliance for Dispute Management for mediation. 

During the mediation, the focus will be on correcting errant practices by the employer and mending the relationship between the company and worker where possible.

Monetary and non-monetary remedies will be available to workers as part of the settlement with their employers after mediation.

If both parties are unable to come to a settlement through mediation, the worker may refer the case to the Employment Claims Tribunals, where the parties will go through another mandatory mediation process and a hearing.

WHAT AWARE RECOMMENDS

1. DEFINITIONS

In its statement, Aware called on the committee to provide a clearer definition of certain terms that were used in its report, such as "disability" and "mental health conditions".

In the report, the committee recommended that the new laws protect against workplace discrimination due to:

  • Age
  • Nationality
  • Sex, marital status, pregnancy status and caregiving responsibilities
  • Race, religion and language
  • Disability and mental health conditions

Aware proposed that "disability" be defined as "physical, mental, intellectual or sensory impairment which hinders a person’s full and effective participation in society and substantially limits one or more major life activities".

As for "mental health conditions", the organisation proposed that it refers to "long-term mental impairment which similarly impacts a person's participation in society and limits major life activities".

Aware also suggested that the word "retaliation" be defined. In its report, the committee recommended prohibiting employers from retaliating against those who report cases of discrimination.

2. MORE COVERAGE

Aware said it was disappointed that sexual orientation, gender identity and gender expression were not among the "protected characteristics" in the proposed laws.

A survey it did last year found that 68 per cent of persons who identify as lesbian, gay, bisexual, transgender, queer and others (LGBTQ+) faced workplace discrimination in the last five years, compared with 56 per cent of those who do not identify as LGBTQ+, the group said.

3. VICTIM-CENTRIC PROCESSES

Aware suggested that the laws specify time limits for each stage of the grievance-handling process, so that employees are aware of what to expect once they file a report.

The process should also outline clearly how victims can appeal an inquiry’s outcome and allow employees to be accompanied in any meetings by a colleague or a union representative, the group said.

Furthermore, those who file reports should only need to prove a prima facie case of discrimination, such that the burden of proof is shifted to the employer to rebut the assumption of discrimination, Aware said.

This was in response to a recommendation empowering the Employment Claims Tribunals to strike out false claims or award costs of up to S$5,000 to an employer who has been falsely accused. This could be when a worker persists with a claim of workplace discrimination, despite having no evidence, the committee said.

Aware recognised that this is to prevent employees from misusing the legislation by making false allegations, but a lack of evidence does not mean that discrimination did not occur.

“Discrimination often occurs in subtle ways that are difficult to document, such as through verbal or physical acts,” it said. Unless the company is able to provide an alternative explanation for its actions, it should be found liable of discriminatory behaviour, it added.

This would be in line with the practice in other countries, as well as the existing Tripartite Guidelines on Wrongful Dismissal, it noted.

Members of the public may share their views and feedback on the proposed new laws at https://go.gov.sg/tcwfinterimfeedback.

CORRECTION: An earlier version of this article's headline stated that MOM has rejected Aware's call for exemption from mediation for certain cases. This is incorrect. MOM said it will consider all feedback received. We are sorry for the error. 

Related topics

workplace discrimination Aware MOM

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