“Do more to protect higher-skilled workers: NTUC”

Do more to protect higher-skilled workers: NTUC, Straits Times (25 February 2016)

HR and employment matters can turn very ugly when employees are terminated, retrenched or dismissed. Anger and bitterness resulting in potential long-drawn disputes and litigation can actually be avoided if employers and HR professionals apply the fundamental Golden Rule to employees who are being asked to leave.

Unions offer a form of protection and support. Legal counsel is an even more important way because then one would know what the legal rights are and how to negotiate for a fair and peaceable outcome for all.

Case Update: Sim Yong Teng and another v Singapore Swimming Club [2016] SGCA 10 – SGCA rules on breach of natural justice due to bias and prejudgment by management committee of a private association

Singapore Law; Legal; Lawyer

Case Update: Sim Yong Teng and another v Singapore Swimming Club [2016] SGCA 10

Significance: Singapore Court of Appeal allowed the appeal and held that the trial judge should have disqualified all six members of a management committee from hearing a complaint against the appellant on the ground that they had prejudged the complaint against him, and that the administrative law principle of necessity had no application in the circumstances of the case. The Court opined that, as a matter of law, the principle of necessity is not applicable to private associations such as the respondent club but only to public bodies. Private associations may always change their rules if necessary without having to breach the rules of natural justice in any disciplinary proceedings against any of their members.

Continue reading “Case Update: Sim Yong Teng and another v Singapore Swimming Club [2016] SGCA 10 – SGCA rules on breach of natural justice due to bias and prejudgment by management committee of a private association”

Case Update: HT S.R.L. v Wee Shuo Woon [2016] SGHC 15 – clarifying confidentiality, privilege & admissibility

Singapore Law; Legal; Lawyer

HT S.R.L. v Wee Shuo Woon [2016] SGHC 15

Significance: Singapore High Court holds that privileged & confidential emails obtained by a hacker and leaked onto WikiLeaks retain the protection of privilege & confidentiality. Court ordered for emails to be expunged from the defendant’s affidavits.

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The Straits Times Opinion: Why a Constitutional Commission to review the Elected Presidency?

My Straits Times Opinion Article

2016.02.17 Why did the PAP Government appoint a Constitutional CommissionI wrote an OpEd for the Straits Times, “Why a Constitutional Commission to review the Elected Presidency?”, explaining the background to the recently appointed Constitutional Commission, which is only the 2nd one since independence. The previous one was in 1966.

I opined on why the PAP Government did so when it had never found the need for it regarding all its constitutional amendments since 1966. I suggest the new political context where a PAP Government-backed candidate may plausibly lose the vote. This is amidst the backdrop of societies and voters moving further left in economic policies and also rising sensitivities as regards ethnic-religious minorities.

Update: make submissions to the constitutional commission

Submit in writing, signed, by 21 March, 5 PM. There may be public hearings for clarification and elaboration.

Submissions can be in Malay, Chinese, Tamil or English and need to be typed or legibly written by hand. The submissions must also be signed, whether in hardcopy or PDF form.

The precise dates of the public hearings will be announced in due course, but these will likely take place over a limited number of days between April 18 and May 15, 2016.

The submissions must be addressed to the Constitutional Commission Secretariat, and sent by post to 1, Supreme Court Lane, Singapore 178879, or e-mail to CCSecretariat@supcourt.gov.sg.

“Nearly 30 spats between neighbours head to the Community Disputes Resolution Tribunal”

Nearly 30 spats between neighbours head to the Community Disputes Resolution Tribunal, Straits Times (15 February 2016)

300 – Inquiries received by tribunals in first three months
85 – Pre-filing consultations held
27 – Actual court filings

Meaning that presumably a substantial number of parties managed to resolve their disputes prior to court action. Most disputes are regarding excessive noise. Sometimes it just takes the real threat of legal action to nudge a stonewalling person to come to the table to mediate and resolve the dispute.

Case Update: Public Prosecutor v Chow Chian Yow Joseph Brian [2016] SGHC 18 – SGHC applies regression analysis to criminal sentencing

Singapore Law; Legal; Lawyer

Public Prosecutor v Chow Chian Yow Joseph Brian [2016] SGHC 18

Significance: Singapore High Court judge cites John Stuart Mill’s “On Liberty”, applies regression analysis to plot graphs of benchmark sentences for a criminal offence, and lays down sentencing principles on offence of evading National Service (NS) without a valid exit permit under the Enlistment Act.

sentencinggraph

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Case Update: Foo Jong Long Dennis v Ang Yee Lim Lawrence [2016] SGHC 10

Singapore Law; Legal; Lawyer

Foo Jong Long Dennis v Ang Yee Lim Lawrence [2016] SGHC 10

Significance: Singapore High Court rejected party’s application to discharge opposing party’s solicitor pursuant to r 64(2) of the PCR, i.e. on the basis that the opposing party’s solicitor is likely a witness on a material question of fact at the trial.

Continue reading “Case Update: Foo Jong Long Dennis v Ang Yee Lim Lawrence [2016] SGHC 10”