As the number of professionals, managers and executives (PMEs), in Singapore’s workforce continues to rise, the number of workplace disputes emanating from this sector of Singapore’s economy firms may rise, according to the Ministry of Manpower (MOM). The move will likely create more work for lawyers involved in ADR and employment regulation who assist non-lawyers before the labour court, according to George Cooper, practice leader - workplace law and advisory, Asia, Freehills, who is based in Singapore.

Following a consultation process that ended on 9 September, the ministry is considering amendments to existing dispute resolution mechanisms for PMEs for 2011. The proposals have two broad aims: to expand eligibility for PMEs to use the labour court for salary claims; and to introduce tripartite mediation for PMEs who are union members.

The changes were considered by Cooper to be a step in the right direction, enhancing access to the labour court for the growing number of Singapore PMEs, who would otherwise be forced into civil court. “This signals concern from the Singapore government and is the first small step towards a more significant shift in how these disputes are dealt with,” he said.

The salary ceiling for disputes to be heard in the labour court will rise from SG$2,500 per month to SG$4,500, and a cap of SG$20,000 on orders made by the labour court will be in place under the proposals. Currently, employees who wish to claim for a higher amount will have to pursue their claim in the civil courts.

The MOM is also considering a tripartite mediation option for PMEs who are union members but work for an employer that is not unionised. The mediation process will be used for common disputes, including salary claims, payment of retrenchment benefits and individual contract disputes. Employees working in a non-unionised organisation cannot currently seek representation from a trade union during a dispute. Under the proposals, employees earning under SG$4,500 would be able to access the new tripartite mediation process to resolve disputes.