When may a dismissal be wrongful?
MOM describes wrongful dismissal as dismissal without just or sufficient cause. Examples include discriminatory dismissal, ending employment to prevent an employee from receiving a benefit, or dismissal to punish the exercise of an employment right.
Dismissal includes involuntary resignation. The burden of proof differs depending on whether the employer dismissed with notice or without notice, so the termination letter and evidence of the real reason should be reviewed promptly.
Wrongful dismissal
What reason and process led to the dismissal?
Check the filing deadline first. MOM states that a wrongful-dismissal claim should be filed at TADM within one month from the last day of employment. Check eligibility promptly and preserve the contemporaneous evidence of the real reason for dismissal.
MOM: filing deadline and eligibility · checked 18 October 2026.
- Employee
- Keep the contract, dismissal or resignation correspondence, pay records and relevant grievances.
- Employer
- Preserve the stated reason, inquiry or performance records and the decision chronology.
- Notice position
- Identify whether dismissal was with notice, pay in lieu or without notice; the evidential burden differs.
- Claim route
- Check the filing deadline and eligibility before relying on a proposed negotiation or settlement.
What should the employee do immediately?
Keep the termination letter, contract, payslips, performance records, grievance material and relevant messages. Write a dated account of meetings and identify who made the decision.
MOM states that a wrongful-dismissal claim should be filed at TADM within one month from the last day of employment. Confirm the current deadline for the facts before it expires.
What should the employer preserve?
Retain the decision paper, investigation or performance records, comparator information, approvals, notice and final-payment calculation.
The evidence should show the reason relied on at the time. A later reconstruction may appear inconsistent if the contemporaneous record says something else.
What reasons may support a lawful dismissal?
MOM lists misconduct, poor performance and redundancy as examples of valid reasons, subject to the facts and required process. Termination with contractual notice does not by itself answer a wrongful-dismissal allegation.
Where dismissal is without notice for misconduct, the employer bears the stated evidential burden and should preserve the inquiry record.
How does the TADM and ECT route work?
A claimant begins through TADM mediation. If an eligible claim is unresolved, it may proceed to the Employment Claims Tribunals.
For managers and executives dismissed with notice or salary in lieu of notice, MOM states that a wrongful-dismissal claim can be filed only after at least six months of service with that employer. Read MOM’s eligibility guidance (checked 18 October 2026).
MOM states that the ECT may order reinstatement with income loss or compensation where it finds dismissal wrongful. Procedure, jurisdiction and representation rules apply.
What related claims may require another route?
Salary, bonus, notice pay and retrenchment issues may overlap. Restraints, confidential information, discrimination routes or broader contractual claims may require separate analysis.
A settlement should identify which claims are resolved and preserve obligations that continue after employment.
How can Justin Chan Chambers help?
A prompt review can test the reason, burden, filing deadline and supporting evidence. Advice may cover TADM preparation, settlement and related civil issues.
Provide the contract, termination documents, pay records, relevant performance or investigation material and a concise chronology.
What should you prepare for an initial review?
- Contract and termination letter
- Performance, warning and investigation records
- Payslips, benefits and bonus documents
- Grievance or discrimination material
- Meeting notes and relevant communications
- TADM or ECT filing and response documents
Frequently asked questions
MOM currently states that the claim should be filed at TADM within one month from the last day of employment. Confirm the current deadline immediately.
Yes. MOM states that dismissal includes situations where an employee resigns involuntarily.
MOM states that for dismissal without notice, the employer must show it was not wrongful; for dismissal with notice or salary in lieu, the employee must show it was wrongful.
MOM lists poor performance as a valid reason where the employee did not perform to the required standards. The evidence and actual reason remain important.
MOM states that possible orders include reinstatement with income loss or compensation.
Representation is restricted in those forums. A lawyer may advise on the claim, evidence, documents and connected legal issues.
Primary Singapore sources
The source list below retains its 18 September 2026 check date. The MOM guidance linked in the body was checked again on 18 October 2026; this later check applies to those MOM pages only. Official guidance may change.
Discuss the dismissal and the filing position
Provide the contract, termination documents, pay records and a concise chronology. Identify your last day of employment, the notice position and any TADM or ECT documents already received. Mention a deadline at first contact.