If you wish to appeal against the order of a Tribunal to the High Court, you must first seek leave from a District Court.

Step 1:

Consider if there are any grounds for appeal against the Tribunal order. A party may appeal to the High Court against the order of a Tribunal only:

 

  1. on any ground involving a question of law; or
  2. on the ground that the claim was outside the jurisdiction of the Tribunal.

 

A party can only appeal to the High Court if he has obtained leave (permission) to appeal from the District Court.

 

Note: Appeals to the High Court do not operate as a stay of execution of the Order of the Tribunal in which the appeal is brought, unless the District Court or the High Court orders otherwise. If an appeal to the High Court has been filed, it does not mean that, until the resolution of the appeal, the parties do not need to comply with the order which is being appealed against. Parties would still need to comply with the order while the appeal is pending hearing or being heard by the High Court.

 

Leave to Appeal

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Step 2:

File an Application for Leave to Appeal , at the Employment Claims Registry.

 

An application for leave to appeal against the Tribunal order must be filed within 7 working days after the date on which the order being appealed was made. E.g. If the Order is made on 3 April 2017, the last day an Appellant must file the Application is on 12 April 2017. If the last day of the period is a Saturday, Sunday or a Public Holiday, the Application may be filed on the next working day.

 

Things to bring:

  • Your identification documents
    • (for Singapore citizen or Permanent Resident) ­– NRIC
    • (for foreign citizen) ­– Passport and Employment Pass
    • (for non-individuals, e.g., companies, etc.) ­– Latest company profile and identification documents of the company's authorised representative, including a letter of authorisation from the company
  • Three (3) original sets of the Application for Leave to Appeal
  • One (1) original set and two (2) duplicate sets of the supporting evidence (if any)
  • Filing fee (S$100)

For purposes of the proceedings, you will be known as the Appellant, and the other person whom the appeal is against will be known as the Respondent.

Step 3:When the Application For Leave to Appeal is filed, a Notice of Hearing will be issued to the Appellant and the Respondent to attend a Hearing at the State Courts on a specified date and time.
Step 4:

You must serve the Application for Leave to Appeal on the Respondent within 7 working days from the date you filed the Application. E.g. If the Application is filed on 3 April 2017, the last day an Appellant must serve the Application on the Respondent is on 12 April 2017. If the last day of the period is a Saturday, Sunday or a Public Holiday, the Application may be served on the next working day.

 

The Application for Leave to Appeal may be served by:

 

Hand
  • (For individuals) Delivering the documents to the other party at his last known place of residence
  • (For non-individuals, e.g., companies) Delivering the documents to any director, manager or officer of the other party at its registered office, or principal place of business
Registered post
  • (For individuals) Sending the documents by registered post to the other party's last known place of residence or business in an envelope addressed to the person
  • (For non-individuals, e.g., companies) Sending the documents by registered post to the other party's registered office or principal place of business
Others
  • By any means (including by facsimile transmission or electronic mail) as directed by the ECT

 

Step 5:

A Respondent who wishes to oppose the application must file and serve a Response to the Application for Leave to Appeal within 7 working days after he is served with the Application for Leave to Appeal.

 

E.g. If the Application is served on the Respondent on 3 April 2017, the last day the Respondent must file and serve a Response is on 12 April 2017. If the last day of the period is a Saturday, Sunday or a Public Holiday, the Response may be filed and served on the next working day.

 

Things to bring:

  • Personal identification documents
    • (for Singapore citizen or Permanent Resident) ­– NRIC
    • (for foreign citizen) ­– Passport and Employment Pass
    • (for non-individuals, e.g., companies, etc.) ­– Latest company profile and identification documents of the company's authorised representative, including a letter of authorisation from the company
  • Three (3) original sets of the Response to Application for Leave to Appeal
  • One (1) original set and two (2) duplicate sets of the supporting evidence
  • Filing fees
Step 6:

The Appellant and the Respondent must attend the Hearing at the State Courts on the specified date and time. If any party does not appear at the Hearing without any reasonable excuse, a District Court may hear the application and make a decision in the absence of that party.

 

Things to bring:

  • Personal identification documents
    • (for Singapore citizen or Permanent Resident) ­– NRIC
    • (for foreign citizen) ­– Passport and Employment Pass
    • (for non-individuals, e.g., companies, etc.) ­– Latest company profile and identification documents of the company's authorised representative, including a letter of authorisation from the company
  • One (1) set of the Application, Response and Supporting Evidence

 

If the District Court decides to make an order granting leave to appeal against the Tribunal order, a copy of the District Court order will be prepared and given to the Appellant and Respondent.

 

Appeal to the High Court

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Step 7:

Once the Appellant has obtained leave to appeal, he may file and serve a Notice of Appeal within 7 working days after the date on which leave to appeal was given. The Notice of Appeal may be filed at the Employment Claims Registry.

 

E.g. If the leave to appeal is given on 3 April 2017, the last day an Appellant must file and serve the Notice is on 12 April 2017. If the last day of the period is a Saturday, Sunday or a Public Holiday, the Notice may be filed on the next working day.

 

Things to bring:

  • Personal identification documents.
  • (for Singapore citizen or Permanent Resident) ­– NRIC
  • (for foreign citizen) ­– Passport and Employment Pass
  • (for non-individuals, e.g., companies, etc.) ­– Latest company profile and identification documents of the company's authorised representative, including a letter of authorisation from the company
  • Three (3) copies of the Notice of Appeal
  • Filing fee (S$600), and any sum which the Registrar may require for making copies of the Record of Proceedings
  • Security for the Respondent's costs of (S$500) plus filing fees ($20) (See below)

Note:

  • The Appellant needs to provide security for the Respondent's costs of S$500. This money is to be deposited with the Accountant-General by submitting the Direction to AG form (S$10).

 

 

The Notice of Appeal may be served in accordance with the methods set out in the table at step 4 above.

Step 8:

After the Notice of Appeal is filed, a Notice will be issued to the Appellant, to notify him that a copy of the Record of Proceedings is available.

 

The Record of Proceedings consists of:

  1.  a certified copy of the grounds of the Tribunal order; and
  2.  a certified copy of the notes of proceedings taken at the hearing of the Claim.
Step 9:

The Appellant must file and serve an Appellant's Case within 21 days after he has been issued the Notice that the record of proceedings is available as mentioned in Step 9.

 

E.g. If the Notice is served on 3 April 2017, the last day an Appellant's Case must be filed and served is on 24 April 2017. If the last day of the 21 day period is a Saturday, Sunday or a Public Holiday, the Appellant's Case may be filed and served on the next working day.

 

Note: If the Appellant's Case is not filed and served within the specified period, the appeal is deemed to have been withdrawn.

 

Things to bring:

  • Personal identification documents
    • (for Singapore citizen or Permanent Resident) ­– NRIC
    • (for foreign citizen) ­– Passport and Employment Pass
    • (for non-individuals, e.g., companies, etc.) ­– Latest company profile and identification documents of the company's authorised representative, including a letter of authorisation from the company
  • Three (3) copies of the Appellant's Case
  • Filing fee (S$600)

 

The Appellant's Case may be served in accordance with the methods set out in the table at step 4 above.

Step 10:

If a Respondent wishes to respond to the appeal, or vary any part of the Tribunal Order, he must file and serve a Respondent's Case within 7 working days after he is served with the Appellant's Case.

 

E.g. If the Appellant's Case was served on 3 April 2017, the last day the Respondent must file AND serve a Respondent's Case is on 12 April 2017. If the last day of the period is a Saturday, Sunday or a Public Holiday, the Respondent's Case may be filed and served on the next working day.

 

What the Respondent would need to bring:

  • Personal identification documents
    • (for Singapore citizen or Permanent Resident) ­– NRIC
    • (for foreign citizen) ­– Passport and Employment Pass
    • (for non-individuals, e.g., companies, etc.) ­– Latest company profile and identification documents of the company's authorised representative, including a letter of authorisation from the company
  • Three (3) copies of the Respondent's Case
  • Filing fee ($300)

The Respondent's Case may be served in accordance with the methods set out in the table at Step 4 above.

Step 11:

The Appellant must file three (3) copies of the Record of Appeal with the Registrar within 14 days after filing the Appellant's Case mentioned in Step 10.

 

E.g. If the Appellant's Case is served on 3 April 2017, the last day an Appellant must file the Record of Appeal is on 17 April 2017. If the last day of the 14 day period is a Saturday, Sunday or a Public Holiday, the Record of Appeal may be filed on the next working day.

 

A Record of Appeal consists of:

  1. The Notice of Appeal;
  2. The Certificate of deposit of Security for Costs;
  3. The Appellant's Case;
  4. The Respondent's Case (if any);
  5. The Record of Proceedings;
  6. The Tribunal Order and;
  7. Any other documents necessary for showing the matter decided and the nature of the appeal.

 

Things to bring:

  • Personal identification documents
  • (for Singapore citizen or Permanent Resident) ­– NRIC
  • (for foreign citizen) ­– Passport and Employment Pass
  • (for non-individuals, e.g., companies, etc.) ­– Latest company profile and identification documents of the company's authorised representative, including a letter of authorisation from the company
  • Three (3) copies of the Record of Appeal

 

The Appellant is to serve one (1) copy of the Record of Appeal on the Respondent within 14 days from the date he filed the Appellant's Case.

 

The Record of Appeal may be served in accordance with the methods set out in the table at step 4 above.

 

Note:  If the Appellant fails to file and serve the Record of Appeal within the specified period, the Respondent may choose to file and serve the Record of Appeal instead, within such time as may be allowed by the Registrar. Otherwise, the appeal will be deemed to be withdrawn.

Step 12:

A Notice of Transmission of Documents will be issued to the Appellant and Respondent to inform them that the Record of Appeal and other documents put in evidence at the Hearing have been sent to the Supreme Court.

Thereafter, the appeal proceedings would continue in the High Court.


 
 

Appeal against Order of a Tribunal 

Last updated on: 15/5/2017 3:22 PM

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