Law. Faith. Justice. Community. Culture.
Case Update: HSBC Trustee (Singapore) Limited v Carolyn Fong Wai Lyn [2016] SGHC 31
Significance: Singapore High Court interprets will holistically (as opposed to a clause-specific construction), orders estate’s properties to be mortgaged to raise funds for professional trustees’ fees and costs, and refuses to order that trustees be discharged as Court found it was not in the interests of beneficiaries given the ongoing litigation in relation to the estate.
In my September 2015 General Election Social Justice Petition Paper, I highlighted the problem of self-employed persons / freelancers being possibly unduly prevented from claiming Government-paid leave. I have since obtained clarification from the Government that such persons will not be prevented from claiming Government-paid maternity leave.
Continue reading “Govt-paid Maternity Leave for Self-Employed Persons”
Significance: Singapore High Court orders banks to disclose customer account information to plaintiffs in respect of the plaintiffs’ claims against the banks’ customer in an application for pre-action discovery under O 24 r 6(5) and/or the Court’s inherent jurisdiction (i.e. a Norwich Pharmacal order).
The decision was upheld on appeal by Andrew Ang SJ in Success Elegant Trading Ltd v La Dolce Vita Fine Dining Co Ltd and others and another appeal [2016] 4 SLR 1392; [2016] SGHC 159.
A M Mohamud (in substitution for Mr A Mohamud (deceased)) v WM Morrison Supermarkets plc [2016] UKSC 11
Significance: the UK Supreme Court held that an employer was vicariously liable for its employee’s act of causing injury to a customer under the close connection test.
Comment: this decision is significant because under previous applications of the doctrine of vicarious liability, an employer will not be held liable for an employee’s acts which were on his whim and frolic, outside the course of employment, or were unauthorised acts. In this case, the Court extended the analysis of unauthorised modes of authorised acts by the employer to an irrational physical attack as falling within the authorised act of an employee’s interactions with a customer.
Continue reading “Case Update: A M Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11”
Significance: Singapore Court of Appeal held that the plaintiff’s solicitors had not been negligent in advising on the legal implications of the plaintiff proceeding with the cross-border transaction to acquire an interest in an Indonesian coal mine based on an oral undertaking given by a 3rd party to obtain a forestry licence.
In short, the recipe to successful teams is cultivating a space where talented people can feel safe in contributing to the team.
MOM calls for public feedback on Employment Claims Tribunal
The current Labour Court under the Employment Act only covers workers who earn less than $4,500 per month regarding their salary disputes. The Ministry of Manpower (MOM) is considering establishing the ECT to expand this scope to include all employees (except public servants, domestic workers and seafarers for the time being). The detailed proposal can be found here. The public has until 23 March 2016 to give feedback.
Continue reading “MOM calls for public feedback on Employment Claims Tribunal”
its arm bled leaves. an orphaned
stub remained, stoic, silent.
the worker wielded a long blade
expertly, sawing at bone; dust
and sound of blunt metal on wood
flecked onto lifeless leaves.
I saw the whole row of them
standing in line, waiting for execution,
by the metal fence. on the other side,
infant shrubs watched listlessly.
we draw lines with surgical precision
dividing organ and waste, yours and ours,
cutting flesh and soul to which
none of us belong.
I read the Straits Times reports “Household income up, with biggest rise for poorer families“, “Policy changes ‘helped boost wages at bottom’“, “Face up to slower growth and productivity push: Lim Swee Say“, “Better quality jobs in future amid slower growth: Lim Swee Say” (27 February 2016) with interest.
In short, households with at least 1 working adult saw their household income increase in 2014. The bottom 10% households saw the largest increase with 10.7%; bottom 20th percentile was 8.3%; bottom 30th percentile was 7.2%. This was attributable to the Government’s redistributive policies including the Workfare Income Supplement (WIS). The other reason attributable is the tightening of foreign labour. This increased wages especially at the bottom percentile income-earners.
Continue reading “Household Incomes and the Future of Jobs in Singapore”
I read the Straits Times report “Investors cry foul over tree investments gone wrong” (25 February 2016) with sadness. My heart goes out to the many investors who put in their savings and hard earned money into the scam. In short, investors put in money into a Tropical Forestry Venture(S) Pte Ltd to invest in valuable tree saplings. Turns out to be a scam. The people behind the company disappeared with the cash. But what can be done for these investors to seek justice?
Continue reading “Tropical Forestry Venture Investment Scam: How to Obtain Recompense?”