Wages must generally be paid within seven days after the end of each wage period. If your employer does not pay, you can file a claim at the nearest Labour Office (the Labour Court) under section 69 of the Employment Act 1955, free of charge. Bring your IC, appointment letter, payslips and any termination letter. Either side may appeal to the High Court within 14 days.
Constructive dismissal happens when an employer's conduct is a serious breach going to the root of the employment contract, and the employee leaves because of it. The test is contractual, not just unfairness. Write to the employer first, act promptly, and file a representation within 60 days of leaving under section 20 of the Industrial Relations Act 1967.
Under section 28 of the Contracts Act 1950, an agreement restraining someone from a lawful profession, trade or business is void to that extent, subject to narrow exceptions. So post-employment non-competes are often unenforceable. But confidentiality duties still apply, and a fair training bond may be recoverable as reasonable compensation under section 75.
A retrenchment is a dismissal. If you believe there was no genuine redundancy, or that you were unfairly selected, you can file written representations with the Director General of Industrial Relations within 60 days of the dismissal, or within 60 days after the notice period ends (IRA 1967, s.20(1),(1A)). If conciliation fails, the case may be referred to the Industrial Court (s.20(3)), which decides according to equity, good conscience and the substantial merits (s.30(5)). Backwages are capped at 24 months (Second Schedule).
Being on probation does not remove protection from unfair dismissal. A probationer who believes the dismissal was without just cause or excuse can file written representations with the Director General of Industrial Relations within 60 days (IRA 1967, s.20(1),(1A)). The Industrial Court will look at whether the employer genuinely assessed the probationer's suitability and acted in good faith. If the dismissal is found to be without just cause, backwages for a probationer are capped at 12 months (Second Schedule, para 2).
A genuine fixed-term contract ends when the period expires (Employment Act 1955, s.11(1)), so non-renewal is not ordinarily a dismissal. But the Industrial Court looks at substance, not labels. Where an employee has been kept on a series of "fixed-term" contracts to do permanent, ongoing work, or was given a legitimate expectation of renewal, non-renewal may be treated as a dismissal. If so, you can file representations within 60 days under section 20 of the Industrial Relations Act 1967, and the Court decides on equity and substantial merits (s.30(5)).
