Current Protection against Retaliation and Dismissal for Employees Who File Complaints on Workplace Discrimination

5 Ms Jessica Tan Soon Neo asked the Minister for Manpower what protection against retaliation and dismissal is currently in place for employees who file complaints on workplace discrimination.

The Senior Minister of State for Manpower (Dr Koh Poh Koon) (for the Minister for Manpower): Sir, the law protects employees against dismissals without just cause or excuse. This covers situations in which a person is dismissed because he or she reported workplace discrimination.

The Tripartite Guidelines on Fair Employment Practices (TGFEP) also require employers to treat all employees based on merit at all phases of employment. Hence, if an employee reported discrimination and is subsequently treated differently by their employer, they can approach TAFEP for advice and assistance.

As previously announced, the Tripartite Committee on Workplace Fairness is examining the scope of possible legislation. The Committee will also examine the issue of protection for whistle-blowers. I hope we will give the Committee some time to deliberate on this and we will share more information when the deliberations are completed.

Mr Speaker: Ms Jessica Tan.

Ms Jessica Tan Soon Neo (East Coast): I thank the Senior Minister of State for his reply. Can I just ask two supplementary questions? I understand that there is deliberation in terms of improving the whistle-blowing protection. But, currently, what can be done if employers do not provide that safe environment for employees to speak up? What actions can be taken against employers who victimised employees and not just for dismissal but, usually, different treatment.

The second one is, what recourse do employees have, if they do face retaliation for reporting discrimination? Because it is somewhat an unequal relationship.

Dr Koh Poh Koon: Sir, let me assure and reassure the Member that the Employment Act today protects employees against dismissals without just cause or excuse. If the employee does feel discriminated against because of whistle-blowing, then the employee should approach MOM or TAFEP for guidance and we can render any assistance that is needed to further investigate the allegations of such issues against whistle-blowing. And we will take into consideration when we take any enforcement action against the employer for targeting the employee for whistle-blowing.

To reassure the Member as well, TAFEP, in their experience in dealing with such cases, these incidences are actually very rare and far in between. But having said that, anyone who feels that they have been targeted because of whistle-blowing, please let MOM and TAFEP know.

Mr Speaker: Mr Patrick Tay.

Mr Patrick Tay Teck Guan: One supplementary question for the Senior Minister of State. On this point on retaliation which the Member brought up, I think it also borders on the issue of workplace harassment. Currently, we have an advisory on managing workplace harassment. I hope the Senior Minister of State, as part of the whole review team, will also look at this topic of workplace harassment to revise and of course update this advisory in light of what is happening in the various workplaces and given the uncertain and uneven outlook.

Dr Koh Poh Koon: I thank the Member. I think this is well taken. The committee will take into consideration all these suggestions and points that have been raised. We will come up with a set of guidelines. Hopefully, with legislation, they will protect the employees better.