14 Sep 2017
Hearing On Ex-Parte Application for an order to show cause
The Singapore Catering Services, Staffs & Workers Trade Union applied to the Court for an order for the Hollandse Club to show cause. The Union claimed that the Club had breached clause 14 of the collective agreement by not paying retrenchment benefits to an employee who was retrenched during her re-employment after 62 years old. The Court noted that under Section 7B (1) of the Retirement and Re-employment Act, an employee's previous years of service with an employer shall be disregarded after he entered into a re-employment contract with the employer after retirement, unless otherwise agreed by the parties.
Effectively, the employee concerned only had 6 months service at the time of retrenchment and could not meet the three years' qualifying criteria for retrenchment benefits as stated in the collective agreement. The Court ruled that the Club had not breached clause 14 of the collective agreement and dismissed the Union's application.