Oral Answer by SPS Rahayu Mahzam to PQ on Whether an Undischarged Bankrupt is Required to Seek Approval from the Ministry of Law or the Insolvency and Public Trustee’s Office before Filing an Employment Dispute to TADM

23 Feb 2023 Posted in Parliamentary speeches and responses

Mr Patrick Tay Teck Guan (Member of Parliament for Pioneer SMC)

Question
To ask the Minister for Law whether an undischarged bankrupt is required to seek approval from the Ministry of Law or the Insolvency and Public Trustee’s Office before they can file an employment dispute to the Tripartite Alliance for Dispute Management.

Oral Answer:

1. An undischarged bankrupt is not required to seek the approval of the Official Assignee (“OA”) or a private trustee in bankruptcy, as the case may be, before he can file an employment claim at the Tripartite Alliance for Dispute Management (“TADM”).

2. If the mediation at the TADM is unsuccessful, the claimant will be issued with a claim referral certificate with which he may then file a claim at the Employment Claims Tribunals. If he chooses to do so, under the Bankruptcy Act or the Insolvency, Restructuring and Dissolution Act 2018 (whichever is applicable), the bankrupt needs to apply to the OA or a private trustee in bankruptcy for a sanction. This requirement exists to protect the bankruptcy estate, and hence the interests of the bankrupt’s creditors, from costs that may be incurred by the bankrupt bringing or defending actions that are frivolous or legally unmeritorious.

Last updated on 23 February 2023