31. A Court shall have cognizance of a trade dispute where —
all the trade unions and employers who are parties to a trade dispute jointly make a request in writing to the Registrar that the trade dispute be submitted to arbitration;
a trade union which or an employer who is a party to a trade dispute as to any matter arising from or connected with a transfer of employment makes a request in writing, whether before or after the transfer of employment, to the Registrar that the trade dispute be submitted to arbitration;
the trade dispute relates to —
the retrenchment benefit payable to an executive employee who is represented by a recognised trade union under section 30A; or
a breach of contract of employment by an executive employee who is represented by a recognised trade union under section 30A or his employer,
and the employer or the recognised trade union representing the executive employee makes a request in writing to the Registrar that the trade dispute be submitted to arbitration;
the Minister by notice in the Gazette directs that the trade dispute be submitted to arbitration; or
32. Subject to section 33, a Court shall carefully and expeditiously hear, inquire into and investigate every trade dispute of which it has cognizance and all matters affecting the trade dispute and the just settlement of the trade dispute and shall determine the trade dispute by arbitration.
—(1) Where a Court has cognizance of a trade dispute in relation to employment in the service of the Government, the President shall so inform the President of Singapore.
(2) The Court shall not exercise its powers or perform its functions in relation to the trade dispute so far as it relates to that employment except with the approval of the President of Singapore.
—(1) In determining a trade dispute, a Court may have regard —
not only to the interests of the persons immediately concerned but to the interests of the community as a whole and in particular the condition of the economy of Singapore; and
—(1) A Court shall have power in relation to a trade dispute of which it has cognizance to make an award (including an interim award) relating to all or any of the industrial matters in dispute.
(2) A Court shall not consider a dispute relating to the dismissal of an employee or make an award relating to the reinstatement of an employee except in circumstances arising out of a contravention of section 82.
(3) Notwithstanding subsection (2), where an employee considers that he has been dismissed without just cause or excuse by his employer, in circumstances other than those arising out of a contravention of section 82, he may, within one month of such dismissal, make, through his trade union, representations in writing to the Minister to be reinstated in his former employment.
(4) The Minister may, before making a decision on any such representations, by writing under his hand request the Commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse.
(5) If the Minister decides to deal with the representations himself, he shall before making a decision thereon give an opportunity to the employer to make representations in writing as to why he considered the dismissal of the employee to be justified.
(6) If, after considering the representations of the trade union and of the employer (if any) and any report made by the Commissioner under subsection (4), the Minister is satisfied that the employee has been dismissed without just cause or excuse, he may, notwithstanding any rule of law or agreement to the contrary, direct the employer —
to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned had he not been dismissed by the employer; or
to pay such amount of wages as compensation as may be determined by the Minister.
(7) The employer shall comply with the direction of the Minister under subsection (6).
(8) The decision of the Minister on any representations made under this section shall be final and conclusive and shall not be challenged in any court or in a Court established under this Act.
(9) Any direction by the Minister under subsection (6) shall operate as a bar to any action for damages by the employee in any court in respect of the wrongful dismissal.
(10) An employer who fails to comply with the direction of the Minister under subsection (6) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[36/2010 wef 01/02/2011]
(11) Where an amount to be paid under subsection (6) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (10), the amount, or so much thereof as remains unpaid, shall be recoverable by a District Court as if it were a fine and the amount so recovered shall be paid to the employee entitled under the direction.
36. Where the Court has cognizance of a trade dispute between a trade union and an employer arising from or connected with a transfer of employment, the Court’s power to make an award relating to the dispute under section 35 shall include the powers —
to delay or prohibit the transfer of employment of an employee who is a member of the trade union; and
to order that the transfer of employment of the employee who is a member of the trade union be subject to such terms as the Court considers just.