Myths About The Industrial Court Process
Several beliefs about the Industrial Court are simply wrong, and they shape expectations in unhelpful ways.
What Myths Get In The Way Of Understanding This Stage
A common myth is that reaching the Industrial Court means a large payout is on its way. In reality, back wages are capped, and the amount, if any, depends entirely on the facts of your case1.
Another myth is that the Industrial Court works the same way as an ordinary civil court. It is a dedicated tribunal focused on industrial relations disputes, and its procedures differ in several ways.
Myths About Winning And What Happens Next
Some people assume a successful case automatically means getting their old job back. Reinstatement is the remedy the law frames first, but compensation instead of it is also possible, depending on what is practical for the situation2.
There is also a myth that every case that reaches this stage ends in a full hearing. Settlement remains possible along the way, and plenty of cases resolve before reaching a final award.
A Myth About Speed
There is also a myth that reaching this stage means an outcome is close at hand. In reality, a case can sit at various points in the process for some time before a hearing date, let alone an award, is reached.
Patience is a genuine part of this stage, and it does not reflect anything about how strong or weak a case actually is.
Getting Past The Myths
The Industrial Court entity page explains what this stage actually involves. The guide on myths about filing a dismissal claim covers the stage before this one.
The back wages and compensation entity page explains the remedies question in more depth if that is your main concern.
A short conversation with a lawyer can replace assumptions with a clear answer based on your actual facts.
If you have heard conflicting things about the Industrial Court, a lawyer can tell you plainly what applies to your situation.
Common questions
Is it true that reaching the Industrial Court means a big payout
No. Back wages are capped, and no outcome is promised in advance. The Court decides based on the evidence and facts of your specific case.
Is it true the Industrial Court is the same as a regular civil court
No. It is a dedicated tribunal focused on industrial relations disputes, including unfair dismissal, and it works somewhat differently from the ordinary court system.
Is it true you automatically get your job back if you win
Reinstatement is the primary remedy the law frames, but compensation instead of reinstatement is also possible, depending on the case and what is practical.
Is it true a case always ends in a full hearing
No. Settlement remains possible at various points, and not every case that reaches this stage ends in a full award.
Sources
- Back wages awarded by the Industrial Court are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer Donovan & Ho
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a case reaches the Industrial Court Mah Weng Kwai & Associates
Keep reading
If you have heard conflicting things about the Industrial Court, a lawyer can tell you plainly what applies to your situation.