Wee Kim San Lawrence Bernard v Robinson & Co: Constructive Dismissal & Damages
Wee Kim San Lawrence Bernard ('P') sued Robinson & Co (Singapore) Pte Ltd ('Employer') in the High Court of Singapore, Woo Bih Li J, on 26 December 2013, claiming constructive dismissal and damages. P alleged he was constructively dismissed due to persecution for being homosexual. The Employer successfully applied to strike out P's claim, arguing that even if constructive dismissal occurred, P's damages were limited to the two months' salary in lieu of notice stipulated in his employment contract, which he had already received more than. The court dismissed P's appeal.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Employee claimed constructive dismissal due to alleged persecution for homosexuality. Court struck out claim, finding damages limited to contract terms.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wee Kim San Lawrence Bernard | Plaintiff, Appellant | Individual | Claim Dismissed | Lost | |
| Robinson & Co (Singapore) Pte Ltd | Defendant, Respondent | Corporation | Judgment for Defendant | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| M K Eusuff Ali | Tan Rajah & Cheah |
| Lucinda Lim | Tan Rajah & Cheah |
4. Facts
- The plaintiff was an employee of the defendant, a department store.
- The plaintiff tendered his resignation on 24 August 2012.
- The plaintiff claimed constructive dismissal, alleging persecution for being homosexual.
- The defendant paid the plaintiff four months' salary in lieu of notice, exceeding the two months stipulated in the employment contract.
- The defendant applied to strike out the plaintiff's claim, arguing damages were limited to the contractual notice period.
- The plaintiff's employment contract stipulated two months' salary in lieu of notice for termination.
5. Formal Citations
- Wee Kim San Lawrence Bernard v Robinson & Co (Singapore) Pte Ltd, Suit No 1036 of 2012, [2013] SGHC 279
6. Timeline
| Date | Event |
|---|---|
| Letter of Appointment signed | |
| Resignation tendered | |
| Action filed | |
| Summons filed for discovery of documents | |
| Summons filed to strike out claim | |
| Order issued for discovery of redacted documents | |
| Affidavit filed in response | |
| Summons filed to expunge paragraphs of affidavit | |
| Summonses heard by Assistant Registrar | |
| Registrar's Appeals filed | |
| Appeals heard and dismissed | |
| Notice of appeal to Court of Appeal filed | |
| Judgment issued |
7. Legal Issues
- Constructive Dismissal
- Outcome: The court found that even if constructive dismissal occurred, the plaintiff's damages were limited to the terms of his employment contract.
- Category: Substantive
- Related Cases:
- [1992] 3 SLR(R) 933
- [1997] 3 WLR 95
- Damages for Wrongful Dismissal
- Outcome: The court held that damages were limited to the salary in lieu of notice as per the employment contract.
- Category: Substantive
- Related Cases:
- [1992] 3 SLR(R) 933
- [2005] 3 SLR(R) 22
- Breach of Implied Term of Trust and Confidence
- Outcome: The court found that the plaintiff's claim for breach of the implied term of trust and confidence was not sufficiently particularized.
- Category: Substantive
- Related Cases:
- [1997] 3 WLR 95
- [2013] 2 SLR 577
8. Remedies Sought
- Damages
9. Cause of Actions
- Constructive Dismissal
- Breach of Contract
10. Practice Areas
- Employment Litigation
11. Industries
- Retail
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Alexander Proudfoot Productivity Services Co S’pore Pte Ltd v Sim Hua Ngee Alvin and another appeal | Court of Appeal | Yes | [1992] 3 SLR(R) 933 | Singapore | Cited for the principle that damages for wrongful dismissal are limited to the amount the employee would have earned until the employer could lawfully terminate the contract. |
| Teh Guek Ngor Engelin nee Tan and others v Chia Ee Lin Evelyn and another | Court of Appeal | Yes | [2005] 3 SLR(R) 22 | Singapore | Cited to reiterate the measure of damages for wrongful dismissal as stated in Alexander Proudfoot. |
| Malik v Bank of Credit and Commerce International SA (in compulsory liquidation) | House of Lords | Yes | [1997] 3 WLR 95 | England and Wales | Cited by the plaintiff to claim damages beyond the contractual stipulation, but the court found it inapplicable as the plaintiff's statement of claim lacked particulars relevant to establishing a breach of the implied term of trust and confidence. |
| Cheah Peng Hock v Luzhou Bio-Chem Technology Ltd | N/A | Yes | [2013] 2 SLR 577 | Singapore | Cited regarding the requirement to show a breach of the implied term of trust and confidence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Constructive Dismissal
- Salary in Lieu of Notice
- Implied Term of Trust and Confidence
- Striking Out
- Employment Contract
15.2 Keywords
- constructive dismissal
- employment law
- singapore
- high court
- damages
- contract
- sexual orientation
- discrimination
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Constructive Dismissal | 95 |
| Employment Law | 90 |
| Breach of Contract | 50 |
| Civil Procedure | 30 |
16. Subjects
- Employment Law
- Contract Law
- Civil Procedure