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).
MOM was responding to feedback from the Association of Women for Action and Research , which had recommended on Tuesday that certain claims under the new laws be exempted from the requirement for mediation first.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 , the Singapore National Employers Federation and MOM.
But it is not always appropriate, it added. Due to the distress caused by facing discrimination, many of its clients who have faced workplace discrimination do not want to face their employers and some also report feeling re-traumatised, distressed and humiliated after their mediation sessions.
Under the proposed laws, if workers report workplace discrimination, they may go to the Tripartite Alliance for Dispute Management for 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.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".
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.Aware said it was disappointed that sexual orientation, gender identity and gender expression were not among the"protected characteristics" in the proposed laws.
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.
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