Singapore Employment Update: Establishment of Protection from Harassment Court and a New Simplified Process – June 2021

Updated information regarding the establishment of the Singapore Protection from Harassment Court (“PHC”) from 1 June 2021.

Workplace harassment continues to be an issue that employers need to be alert to. There has been an increase in workplace harassment claims in recent years, many flippant, but numerous being fair claims.  

Obviously, training and compliance protocols are important tools through which employers can manage this, and if employers have not done so, it is strongly recommended that employers do so. 

If the processes have been put in place then it is recommended employers look to reviewing these to ensure they remain relevant. On this, with work from home arrangements still being a dominant mode of work, interactions between co-workers have become more private and less visible to their fellow co-workers. The increasing avenues by which employees can engage each other remotely also means that such interactions can have the potential to be much more intrusive.

Workplace harassment is caught by the Singapore Protection from Harassment Act (“POHA”)  The POHA criminalises, amongst others, direct harassment where threatening, abusive or insulting communications and actions are directly targeted at the victim or cases where such communications and actions are likely to cause the victim harassment, alarm or distress. It also includes behavior that happens online and not just physically in the workplace. Victims of such behaviours may also bring civil proceedings in respect of such actions.  

The establishment of the PHC makes for claims to be more easily brought under the POHA, including the following measures:

(a) The shortening of timeline for applications for Expedited Protection Orders and Protection Orders (“PO”). Such orders are directed at the perpetrator to cease the harassment of the victim and/or to take certain actions to cease such harassment (such as the taking down of offending materials and communications);

(b) Simplified process at a lower cost for certain applications such as a PO using the State Courts’ Community Justice and Tribunals System, which is an online filing and case management system;

(c) The simplified process will be led by specialist judges trained to deal with harassment matters and the judges will have various powers, including the power to conduct proceedings in an informal manner and direct parties to alternative means of dispute resolution such as mediation or counselling;

(d) The specialist judges will also have the power to refer the matter to other courts where related proceedings are being heard (e.g. parallel proceedings in unfair dismissal of an employee) to ensure related issues are heard together.

The PHC represents a stride towards addressing the procedural difficulties in countering instances of harassment. While workplace harassment is not an everyday occurrence, it is important for employers to understand the options available when they are confronted by them unexpectedly. The PHC could be that additional avenue to TAFEP and TADM, for example, that employees turn to in making claims against employers. 

All said employers do need to review harassment policies to bring them up to date and familiarise themselves with the changes under POHA and the new PHC.

By Kala Anandarajah, RAJAH & TANN LLP, Singapore, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact singapore@transatlanticlaw.com

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