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Employees’ Use of Social Media, Dealing with Employee Fraud and Investigations by the MOM & TADM

Expert Speaker Alfred Lim

$430.00 (including GST)

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Overview     

This programme is part of the Professional Skills Series, specifically designed for HR Professionals who wish to learn to apply the Singapore Employment Law in practical situations. It will address practical issues in Employment Law relating to Employees’ use of social media and how an Employer should handle situations where there is fraudulent misrepresentation in an Employee’s application documents. The Trainer will also share on the various legal and practical considerations when facing investigations from the Ministry of Manpower Ministry ( MOM ) or when defending salary claims filed with the Tripartite Alliance for Dispute Management ( TADM ). 

What You Will Learn   

At the end of this workshop, you will:

  • Have a better appreciation of the legal implications arising from your employees’ use of social media.
  • Learn how to manage the exit process when carrying out a summary dismissal so that there will be no allegations of unfair dismissal or unlawful termination.
  • Be aware of the various options available to protect your rights should an employee provide false information in their application documents.
  • Be conscious of the potential statutory offences arising from applications for work passes. 
  • Be able to deal with real life scenarios when facing investigations from the authorities or when defending a salary dispute claim.

Programme Outline     

Legal Implications for Employees’ Use of Social Media

  • What is a contract? Can a contract be formed via social media?
  • What are the potential liabilities an Employer may face due to an Employee’s misuse of Social Media
  • Misuse of Social Media during private time – basis for summary dismissal?
  • What are the steps to take to ensure there are no allegations of unfair dismissal?
  • Key features of the Personal Data Protection Act

Fraud by Employees in their application documents

  • Types of work passes in Singapore – Employment Pass, S Pass, Work Permit
  • Misinformation in work pass applications – implications on Employers
  • Use of Employment Agencies – does it absolve Employers of Liability?
  • Types of Misrepresentation – Fraudulent, Negligent or Innocent
  • Use of Statutory Declarations
  • Legal Remedies when a contract is entered into due to misrepresentation
  • Misrepresentation v Mistake. Voidable v Void contract.

Facing investigations from MOM and defending claims in TADM

  • Possible offences under the Employment of Foreign Manpower Act and Immigration Act
  • How to deal with investigations from the MOM ?
  • Key Features of the Employment Claims Act
  • Criminal Sanction v Civil Claim
  • Quantification of Civil Claim – Assessment of Damages
  • Defending salary dispute claims filed in Tripartite Alliance for Dispute Management (“TADM”)
  • Differences between the Employment Claims Tribunals in State Courts and Labour Court in MOM 

Expert Speaker

Alfred Lim

Alfred is a Director of Quahe Woo & Palmer LLC. His practice is primarily in commercial litigation, with a particular emphasis on construction and engineering disputes. Alfred has acted in matters at all levels of the Singapore courts as well as in ad-hoc and institutional arbitrations. He also performs various front-end non-contentious work including drafting, reviewing and advising on various standard forms and general commercial contracts. Alfred obtained his Bachelor of Engineering, Civil (Honours) from the National University of Singapore before obtaining his LL.B. (Honours) on its accelerated Graduate LL.B. Programme. Prior to commencing private practice, Alfred was a former prosecutor with the Ministry of Manpower and the Attorney-General's Chambers. Recent cases in which Alfred has been involved include matters relating to breaches of construction contracts, adjudications under the Security Of Payments Act (“SOPA”), product defamation, tenancy disputes, employment disputes, breaches of shareholders' agreements and High Court personal injury claims.

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