A person who is dissatisfied with an Order made by a Tribunal or the Registrar that was made in his absence may apply to set aside the Order.

 

Step 1

Consider whether there are sufficient reasons to apply to set aside the decision, direction or Order given in your absence, and gather the necessary evidence to support the Application.

Step 2

File an Application to Set Aside at the Employment Claims Registry within 7 working days after the date on which the decision, direction or order was made.

 

E.g. If the decision, direction or Order is given or made on 3 April 2017, the last day an Applicant 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:

  • 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
  • Filing fee (S$30)
  • Three (3) original sets of the Application to Set Aside, which must contain all facts and evidence in support of the application.

 

For the purposes of the proceedings, you will be known as the Applicant and the other party will be known as the Respondent.

Step 3

When the Application is filed, a Notice of Hearing will be issued to the Applicant and the Respondent to attend a Hearing at the ECT on a specified date and time.

Step 4

The Applicant must serve one (1) copy of the Application to Set Aside on the Respondent within 7 working days after the Application is filed. The documents 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 intends to contest the Application must file and serve a Response to the Application to Set Aside at the Employment Claims Registry within 7 working days after being served with the Application to Set Aside.

 

E.g. If the Respondent receives the Application to Set Aside on 3 July 2017, the last day the Respondent must file and serve the Response to the Application to Set Aside is on 12 July 2017. If the last day of the period is a Saturday, Sunday or a Public Holiday, the documents may be filed and served on the next working day. The documents may be served in accordance with the methods set out in the table at Step 4 above.

 

Things to bring:

  • Personal identification documents
    • 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 the Application to Set Aside, which must contain all facts and evidence in support of the application.
Step 6

The Applicant and the Respondent must attend the Hearing on the specified date and time.

 

Things to bring:

  • Personal identification documents
    • 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 Tribunal or Registrar makes an order to set aside the Order, the Employment Claims Registry will prepare the Order and give a copy of the Order to the Applicant and Respondent.




Last updated on: 5/4/2017 6:02 PM

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