The High Court has underscored the obligation of employers to avoid terminating employees in humiliating or intolerable circumstances, following a recent case involving a senior executive subjected to a contentious work improvement process before being dismissed.
The dispute originated from tensions between two managers in separate teams, whose disagreements over work matters escalated into a personal conflict marked by accusations of incompetence exchanged via email. These communications were escalated to senior management, prompting intervention. One manager was described by his superior as “unnecessarily aggressive and divisive” and was advised to adopt a more professional approach.
The situation deteriorated further when the same manager accused his counterpart of orchestrating a deliberate effort to tarnish his team’s reputation. Management directed him to issue an apology email, which he refused, replying curtly that he regretted the situation but would not apologize. This impasse triggered a series of disciplinary actions culminating in his dismissal. The manager, who earned a monthly salary exceeding S$50,000, challenged the termination in court, alleging wrongful dismissal.
High Court Judge Dedar Singh Gill acknowledged that the manager’s inflexible and self-righteous attitude contributed to the hostile work environment but affirmed the principle that employment terminations must be conducted without resorting to bullying or intolerable treatment. The judge emphasized that the “cornerstone of any functional employment relationship” is the employer’s duty to act in a manner that upholds mutual trust and confidence.
The ruling follows precedent from other jurisdictions and cases that highlight employers’ responsibilities to maintain fair and respectful workplace conduct. For instance, a UK Employment Appeal Tribunal previously ruled an employee’s public reprimand to be “officious and insensitive,” amounting to a breach of trust and confidence. The tribunal regarded the employee’s subsequent resignation as constructive dismissal, awarding her compensation accordingly.
Similarly, a 2013 case in Singapore involving a dismissed chief executive officer demonstrated the courts’ readiness to uphold employees’ rights against unfair treatment. The CEO was excluded from board discussions concerning allegations about his leadership and decisions, which the court found violated principles of fair process and mutual trust. He was awarded over S$1.6 million in compensation.
In contrast to that case, the recent manager was neither silenced nor excluded from discussions about his conduct; he actively engaged in the dispute and declined to reconcile with his colleague. The High Court’s decision thus clarifies that while employers retain the right to end employment relationships, they must do so without subjecting staff to unacceptable or degrading treatment.
The case serves as a cautionary reminder for employers to handle workplace conflicts and terminations with due fairness and professionalism, reinforcing that any abuse of authority or breach of mutual trust may be subject to legal scrutiny.