Overview
The Tripartite Alliance for Dispute Management (TADM) is a Singaporean organization that provides advisory and mediation services to help employers and employees resolve employment disputes amicably. Established in 2017 as part of a broader tripartite initiative to strengthen the dispute resolution framework, TADM is jointly founded by the Ministry of Manpower (MOM), the National Trades Union Congress (NTUC), and the Singapore National Employers Federation (SNEF). Its primary role is to be the first port of call for resolving workplace disputes over issues such as unpaid salaries or wrongful dismissal, without immediately resorting to legal litigation.
TADM’s services offer a faster, simpler, and less adversarial way to handle conflicts that arise under employment laws or contracts. By doing so, it helps maintain harmonious employment relations and reduces the need for protracted court cases.
Services and Functions
TADM focuses on two main types of disputes: salary-related claims and unfair dismissal claims (which can include wrongful termination or grievances like constructive dismissal). The key services and processes provided by TADM include:
• Advisory Services: Employees (or employers) with grievances can approach TADM for advice on their rights and options. TADM officers can clarify what the law stipulates – for example, if an employee hasn’t been paid salary for a month, TADM can advise them on their entitlement (the Employment Act requires salary payment within 7 days of due date) and how to file a claim. They also advise on issues like retrenchment benefits, notice period disputes, or maternity-related dismissal protections, drawing from the Employment Act and other relevant statutes. This guidance helps parties understand the merits of their case before any formal action.
• Mediation for Salary Claims: For statutory salary issues (e.g. unpaid wages, overtime pay, pay in lieu of notice, etc.), or contractual salary issues (like bonus not paid if contractually promised), TADM conducts mediation sessions. The affected employee would first file a claim (often through the Tripartite Alliance’s online system) and the employer will be notified. At the mediation, a neutral TADM mediator will facilitate a discussion between the employer and employee to reach a settlement. The aim is to have the employer agree to pay the owed amounts, possibly in instalments if needed. Most salary disputes must go through TADM mediation before they can be escalated to the Employment Claims Tribunals (ECT) – this is a required step under the Employment Claims Act. If mediation is successful, a Settlement Agreement is signed, which is legally binding. If not, TADM will issue a claim referral certificate enabling the employee to escalate the case to the ECT (a subordinate court) for a formal judgment.
• Mediation for Wrongful Dismissal: If an employee believes they were fired without just cause or due to reasons like retaliation or discrimination, TADM handles these dismissal complaints. The process is similar – an advisory first (sometimes the employee might not be aware of what counts as wrongful dismissal; TADM clarifies if the case falls under wrongful dismissal guidelines), followed by mediation between the ex-employee and the employer. The mediator will try to help the parties reach a resolution, which could be reinstatement of the employee (less common), or more often a compensation payout to the employee as a settlement. Wrongful dismissal claims also must go through TADM mediation first. If unresolved, the case can be referred to the Employment Claims Tribunals for adjudication. (Since April 2019, the ECT also hears wrongful dismissal cases; previously these went to MOM or the Industrial Arbitration Court for union cases.)
• Advisory and Mediation for Union and Executive disputes: TADM also has a role in facilitating disputes for executives and professionals who may not be unionized, filling a gap since union representation covers mainly rank-and-file. TADM, being a neutral party, can mediate executive disputes (like a PMET’s severance negotiation) as well, albeit on a voluntary basis.
• Support services: Beyond mediation, TADM can refer parties to social support (if an employee is in financial distress due to salary non-payment, they may link to agencies that provide interim assistance). They also educate employers on better practices to avoid disputes.
Importance of Tripartite Approach
The “Tripartite” in TADM’s name underscores that it is a collaborative effort by the tripartite partners. The involvement of NTUC (labor) and SNEF (employers) alongside the government means TADM mediators and officers understand perspectives of both sides. This often helps in brokering fair settlements. It also lends credibility – employees trust that their concerns are heard (with NTUC’s ethos in the mix) and employers trust that mediators appreciate business constraints (with SNEF’s involvement).
TADM’s approach is anchored in the belief that preserving the employment relationship or at least ending it on mutually agreed terms is better for both parties than adversarial court fights. Mediation is confidential, relatively quick, and low-cost (the fees for filing a TADM claim are low or waived in certain cases), which encourages use.
Outcomes and Process
Since its establishment, TADM has handled thousands of cases. The majority of salary claims are resolved at TADM without needing to go to the Tribunal, often within a matter of weeks. This means employees get their owed salaries faster and with less expense. Employers benefit by avoiding legal costs and lengthy procedures, and often the public exposure that a formal court case might bring.
For example, if a small company had cashflow issues and delayed paying employees, several employees might file claims. At TADM, the employer might agree to a staggered repayment schedule (e.g., pay one month’s salary by this date, the next month by that date) that is recorded in a settlement. The employees get certainty of payment; the employer gets a bit of breathing room but is bound to comply. If the employer fails to honor the settlement, employees can then enforce it through the Tribunal as if it were a court order.
TADM also handles disputes arising from retrenchments (like if less compensation was given than the norm or if the retrenchment process was seen as unfair). While retrenchment terms for rank-and-file are often guided by tripartite advisories rather than law, TADM can still mediate such situations and encourage fair outcomes.
Relationship with Other Bodies
TADM works in tandem with the Employment Claims Tribunals (ECT). The ECT, administered by the State Courts, is the next step if TADM mediation fails. The ECT’s jurisdiction covers salary and dismissal disputes up to certain monetary limits (currently $20,000, or $30,000 if assisted by unions). By filtering cases through TADM first, only unresolved ones go to ECT, reducing the court’s caseload.
Additionally, the Tripartite Alliance also includes TAFEP (Tripartite Alliance for Fair & Progressive Employment Practices). While TAFEP deals with issues like discrimination (race, gender, age bias in employment) and promotes fair workplaces, it might refer cases to TADM if they involve an actual dispute (for instance, an employee who feels they were dismissed due to discrimination might get advice from TAFEP and then file a wrongful dismissal claim, which goes to TADM). So these entities complement each other, both under Tripartite Alliance Limited.
When to Go to TADM
For employees: If you have not been paid your salary, or your employer owes you for overtime, or if you’ve been fired and you believe it was for wrongful reasons, TADM is the place to seek help. You usually must file your claim or complaint within a certain timeframe (for salary claims, within 1 year of the incident or 6 months from leaving the job; for dismissal, usually within 1 month of dismissal). TADM will then schedule a mediation session, often within 4 weeks.
For employers: If you receive a notice from TADM that an employee filed a claim, it’s advisable to attend the mediation in good faith and try to resolve it. Ignoring TADM can escalate the matter to court which could be costlier. TADM mediators often help employers understand their obligations (some disputes arise from ignorance of the law, e.g., an employer not realizing they had to pay for accrued annual leave upon resignation – a mediator can explain this and get the employer to comply rather than fight a losing battle).
Outcome
The presence of TADM has overall helped maintain industrial peace even as Singapore expanded the avenues for redress for employees. It professionalized and streamlined what used to be handled directly by MOM officers in the Labour Relations departments. Now there’s a dedicated body with trained mediators focusing solely on dispute resolution.
By solving problems early, TADM upholds Singapore’s reputation for having an efficient and fair mechanism to deal with workplace disputes . It reflects the tripartite commitment to resolving issues mutually.
In summary, the Tripartite Alliance for Dispute Management is a key institution in Singapore’s employment landscape, providing effective dispute resolution services for salary and dismissal matters. It underscores the philosophy that many conflicts can be resolved through dialogue and mediation – preserving employment relationships and saving time and costs for all – which ultimately contributes to a more harmonious and fair workplace environment.
