MOM seeks feedback on Workplace Fairness Act Second Bill

29 September 2025

From 26 August 2025 to 19 September 2025, the Ministry of Manpower (“MOM”) conducted a public consultation seeking feedback on the proposed approach to resolving workplace fairness disputes and procedures for making workplace fairness claims under the Workplace Fairness Act Second Bill (“WFA Second Bill”).

By way of background, Parliament passed the Workplace Fairness Bill (“WFA First Bill”) on 8 January 2025. The Workplace Fairness Act 2025 (“WFA”) was gazetted on 13 February 2025 and has yet to come into force. The WFA covers the substantive rights and obligations under the workplace fairness legislation. More specifically, it strengthens protections for workers against workplace discrimination, while preserving workplace harmony and giving employers flexibility to meet genuine business needs. At the time the WFA First Bill was passed, it was announced in Parliament that legislation would be introduced to set out the procedural rights and processes for individuals to make private claims under the workplace fairness legislation.

In the public consultation, MOM sought views on:

  • the approach for amicable and expeditious resolution of workplace fairness disputes;
  • the judicial forum to hear workplace fairness claims; and
  • the representation of parties by unions for workplace fairness claims.

Approach for amicable and expeditious resolution of workplace fairness disputes

The WFA will facilitate the resolution of such disputes by requiring firms to put in place grievance handling processes. Firms and employees should attempt to resolve disputes through the firm’s internal grievance handling processes to preserve the employment relationship.

MOM intends to require parties to go through mandatory mediation before the employee makes a private claim against the employer. This will mirror the current requirement for employment disputes to undergo mediation before they can be referred to the Employment Claims Tribunals (“ECT”) for adjudication. Disputes should only proceed to adjudication in the courts as a last resort if they cannot be resolved at mediation.

Once a claim has been filed for adjudication, parties will be subject to a duty to consider amicable resolution to encourage the expeditious settlement of the dispute. In awarding costs, courts may consider whether parties made efforts at amicable resolution, which is similar in approach for other civil claims heard in the courts.

The approach for amicable and expeditious resolution of workplace fairness disputes seeks to preserve Singapore’s harmonious and non-litigious workplace culture where most workplace disputes are resolved amicably through firms’ internal grievance handling processes or through mediation.

Judicial forum to hear workplace fairness claims

MOM seeks comments on the following:

  • Different judicial forums for hearing workplace fairness claims depending on claim amount: The jurisdiction of the ECT will be expanded to hear all workplace fairness claims up to and including S$250,000, while the General Division of the High Court (“GDHC”) will hear all workplace fairness claims above S$250,000. Expanding the jurisdiction of the ECT in this way provides individuals with access to an affordable and expeditious way to resolve disputes. Claims above S$250,000 are likely to be more complex and are better resolved in the High Court. MOM expects most claims to be under S$250,000 and heard by the ECT.
  • Different rules for workplace fairness claims based on forum: For claims heard in the ECT, parties will not be allowed legal representation. Such claims will also not be bound by the civil courts’ strict rules of evidence. The ECT adopts a judge-led approach where judges take a more proactive role in the proceedings. This includes guiding parties to focus on the key issues of the dispute and the relevant evidence to be adduced. The ECT is also allowed to inform itself on any matter in any manner it thinks fit.

Parties bringing claims in the GDHC will be allowed legal representation. While the GDHC will also adopt a judge-led approach, strict rules of evidence and procedures will apply, consistent with its current practice.

  • Workplace fairness claims to be heard in private: MOM intends for all workplace fairness claims to be heard in private. Proceedings will not be open to the public and the media. As discrimination disputes can be complex and socially divisive, especially where race or religion is involved, managing such disputes in a private forum would help to minimise publicity and the politicisation of such issues, protect the privacy of parties, and minimise the involvement of third parties who may misrepresent the dispute.

Representation of parties by unions for workplace fairness claims

MOM intends to allow workers to be represented by their union for workplace fairness claims if they are employed in unionised companies, similar to employment claims under the Employment Claims Act 2016 currently. The union can attend the mediation sessions and the hearing of workplace fairness claims to speak on behalf of the worker.

MOM also intends to allow employers to be represented by their union at the mediation sessions and the hearing of workplace fairness claims if: (i) the claim value is between S$30,000 and S$250,000; and (ii) the worker filing the claim can be represented by their worker union. This will be a new feature for employers as they currently cannot be represented by their union in claims at the ECT.

Reference materials

The following materials are available on the MOM website www.mom.gov.sg and REACH website www.reach.gov.sg: