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This Labour Day, read about AWARE’s Recommendations to MOM for Safer and Fairer Workplaces

This Labour Day, read about AWARE’s Recommendations to MOM for Safer and Fairer Workplaces 

This Labour Day, AWARE commends the Ministry of Manpower’s (MOM) ongoing efforts to improve workplaces and workplace conditions in Singapore. The introduction of the Tripartite Guidelines on Flexible Work Arrangement Requests (TG-FWAR) in December 2024 was swiftly followed with the passing of the Workplace Fairness Act (WFA) in January 2025. The latter together with the Workplace Fairness (Dispute Resolution) Act passed in November 2025, provide long-awaited anti-discrimination protection for employees. Whilst the WFA does not protect all employees (notably LGBTQ+ workers) or cover all situations of discrimination (focusing only on employment decisions and excluding salary decisions for example), and whilst the TG-FWAR does not impose any legal obligations on employers to address requests, these developments are nonetheless instrumental in advancing fairer and more inclusive workplaces in Singapore.

Continuing our work to advance safer and fairer workplaces, we are pleased to update that MOM invited AWARE to contribute to their efforts to improve workplace safety and workplace inclusiveness by sharing our recommendations to strengthen Tripartite instruments on managing workplace harassment and to improve inclusiveness in the workplace by providing reasonable accommodations to respond to employees’ needs. To this end, we made submissions to MOM on 18 December 2025 in three critical areas: (1) managing workplace harassment, (2) reasonable accommodations for pregnancy-related needs, and (3) reasonable accommodations for menopause-related needs.

Managing Workplace Harassment 

Workplace harassment remains a persistent problem despite Singapore’s existing measures, like the Tripartite Advisory on Managing Workplace Harassment (TAMWH) and the Workplace Harassment Resource and Recourse Centre (WHRRC), and related frameworks like the Tripartite Standard on Grievance Handling (TSGH), and the Workplace Fairness Act (WFA). 

The 2021 AWARE-Ipsos study found that two in five respondents had encountered sexual harassment at work within five years and the 2022 AWARE-Milieu survey on workplace discrimination found that 15% of respondents had experienced discrimination-related harassment. The Kantar Inclusion Index in 2019 highlighted that Singapore was the second-worst performing country with almost 1 in 4 workers having been “bullied, undermined or harassed” in the workplace in the past year. 

There is no explicit legal obligation on employers to provide a harassment-free workplace. Many workers still face inadequate support from management or HR when encountering harassment, and often fear retaliation, are unclear about reporting channels, and lack confidence in organisational processes. 

While AWARE welcomes MOM’s plans to introduce a Tripartite Standard on Managing Workplace Harassment (TSMWH) and update the TAMWH, we recognise that such frameworks must contain clear, measurable employer commitments. To this end, AWARE recommended various measures be incorporated within the TAMWH and TSMWH including the following:

  1. A broad and inclusive definition of the “workplace” that reflects contemporary work arrangements, such as remote and hybrid work, digital interactions, and overseas assignments, to clarify that employers’ responsibilities extend to all work contexts. 
  2. A clearer definition of “harassment” which focuses on both the impact on the individual and the impact on the work environment, while taking into account context, reasonableness of the behaviour, power dynamics and the impact on the affected person. 
  3. Explicit definitions and examples of sexual harassment and discrimination-related harassment, including discrimination-related harassment related to gender, pregnancy, caregiving, and other protected characteristics.
  4. Define control measures to mean reasonably practical measures to eliminate any foreseeable risk of workplace harassment.

AWARE also recommended five practices that employers should adopt under the updated TAMWH and TSMWH:

  1. Conduct risk assessment and implement effective control measures
  2. Develop an anti-harassment policy and grievance handling procedure
  3. Communicate and raise awareness on anti-harassment policy and procedure
  4. Educate employees on respectful and appropriate workplace behaviour
  5. Train supervisors and appointed staff to conduct investigations and respond to harassment-related grievances in a trauma-informed manner

To achieve safer workplaces, we recommended the institution of levers to encourage employers to adopt measures to prevent workplace harassment, and consequences for failure to do so.

Looking forward, we urged regular reviews to assess the effectiveness of these measures and if progress is slow in addressing this serious harm, then legislation against workplace harassment is called for.

What are Reasonable Accommodations (RAs)

RAs are necessary workplace adjustments that ensure fairness for employees with demonstrated needs. RAs impose a duty on employers to justify any refusal and are grounded in principles of equality and anti-discrimination. Given that workers face different biological and health realities, RAs are a critical tool to prevent workers from being forced out of employment.

RAs for Pregnancy-Related Needs in the Workplace 

Pregnancy and the post-pregnancy period can create genuine health and safety challenges at work. Yet without a pregnancy-specific RAs framework, those with genuine pregnancy-related medical or safety needs must rely on flexible work arrangements, which are at the discretion of employers. As a result, pregnant employees may have no choice but to take early maternity leave, exhaust limited leave entitlements, or go on unpaid leave, often at financial and health costs.

Recognising pregnancy as a normal stage of working life rather than a barrier to it, AWARE proposed RAs across three broad areas:

  1. Health, safety, and comfort: This may include exemptions from heavy lifting, relocation to safer workspaces, and access to supportive equipment. 
  2. Maternity leave: Such as career protections, temporary reduced workloads, and appropriate extensions around leave. 
  3. Breastfeeding support: The provision of dedicated, sanitary lactation spaces, flexible break times, and adjusted work schedules. 

A robust Tripartite Advisory on Reasonable Accommodations (TARA), paired with clear processes, confidentiality protections, and safeguards against retaliation, would complement the WFA and send a strong signal that equal treatment includes the duty to accommodate – not merely to avoid discrimination. Critically it will enable pregnant and post-pregnant workers to remain safely and productively employed.

RAs for Menopause-Related Needs in the Workplace 

Menopause is a predictable life stage affecting a growing share of Singapore’s workforce, particularly women aged 45–64 who are often at the peak of their skills and leadership contribution. Unmanaged menopausal symptoms such as sleep disturbances, fatigue, brain fog, and mood changes remain an overlooked factor that contributes to productivity loss, absenteeism, and early workforce exit. As Singapore seeks to extend careers and build an age-inclusive workforce, the failure to address menopause-related needs undermines these goals. 

To build an age-inclusive and gender-inclusive workforce, AWARE proposed a framework for integrating menopause-related RAs into workplace practices:

  1. Flexible work arrangements such as staggered start and end times, remote work options, and symptom-triggered rest breaks to help manage fatigue, cognitive difficulties, and mood fluctuations. 
  2. Workplace environment adjustments such as access to cooling aids, quiet or rest spaces, and ergonomic supports to alleviate physical discomfort. 
  3. Recognising menopause-related symptoms within existing medical leave and insurance frameworks so that employees can seek medical care and manage their symptoms without penalty or stigma. 
  4. Manager and peer support by way of training for managers to respond empathetically and establishment of peer support networks, to reduce stigma and feelings of isolation.
  5. Confidentiality and Policy Integration to ensure privacy in health disclosures and consistent and non-discriminatory treatment by incorporating menopause accommodations in policies.

To ensure success, we recommended that organisations adopt the following strategies: 

  1. visible endorsement from leadership
  2. clear and accessible policies
  3. awareness campaigns in the organisation 
  4. training for managers and HR staff 
  5. confidential and accessible support channels for employees seeking assistance 
  6. clear, streamlined and confidential accommodation processes 
  7. regular monitoring of impact and outcomes and refinement of measures.

This will help ensure that menopause accommodations remain effective, relevant, and responsive over time. Normalising menopause support strengthens not only gender and age inclusion, but also supports workforce sustainability and promotes equitable, responsive and competitive workplaces.

To read our full submissions to MOM, please go to:

Women’s Care Centre + Sexual Assault Care Centre Closure (17 to 23 April)

The AWARE centre, including Women’s Care Centre (WCC) and Sexual Assault Care Centre (SACC) helplines and services, will be closed for a few days in April.

Details of closure are as follows:

WCC and SACC (Counselling, Legal Clinic, Case Management):

  • 17 Apr 2026 – 23 Apr 2026.

Normal services for WCC and SACC will fully resume on Friday, 24 April.

Women’s Helpline and Sexual Assault Care Centre Helpline:

  • 17 Apr 2026 – 22 Apr 2026.
  • 28 Apr 2026 (one-day closure)

Normal services for helplines will resume on 23 April, and briefly close for one day on 28 April.

If you have experienced sexual assault within the last 72 hours, you may refer to this page for suggested actions.

If you require support, you may reach out to these alternatives:

  • National Anti-Violence Helpline (24-hour, for reporting of domestic and sexual violence): 1800 777 0000
  • Samaritans of Singapore (24-hour, for coping with self-harm or suicidal ideation):
  • IMH Helpline (24-hour, for mental health crisis): 6389 2222
  • ComCare Helpline (7am-12am, to locate your nearest Family Service Centre): 1800 222 0000
  • Care Corner Helpline (10am-10pm, for emotional support for Mandarin speakers): 1800 3535 800
  • Community Justice Centre (Mon-Fri, 10am-12.30pm, 1.30pm-4pm, 20 minutes free legal information, walk ins only, first-come-first-serve basis)
  • Law Society Pro Bono Legal Clinic Services (Free legal information, appointments needed)
  • Police 999, Medical assistance 995 (If you or someone you know is in danger or has an emergency)

We seek your kind understanding and patience. Thank you, and we wish you and your loved ones a wonderful holiday season.

We are hiring! Junior Executive, Community Engagement

Position: Junior Executive, Community Engagement
Department: SPACE
Salary range: $3,200 – $3,800
Term: Permanent, Full-time (40 hours per week)
Starting date: April 2026

About the Role

Reporting to the S.P.A.C.E. Manager, you will be the third member of a dynamic team responsible for implementing AWARE’s community engagement programmes. Your primary responsibilities will centre on expanding our Active Bystander initiatives, Consent Education initiatives, and supporting major campaigns and workshops. We are looking for someone who is proactive, resourceful, and able to manage multiple tasks independently in a fast-paced environment.

Key Responsibilities

  • Workshop Development & Delivery: Co-create, market, and manage workshops for audiences, including youths and community groups.
  • Workshop Coordination & Facilitation Support: Assist the team in liaising, scheduling, and managing core workshop programmes, including Consent and Sexuality Education (CSE) and the Sexual Assault First Responder Training (SAFRT). Implementation of Impact Evaluation Processes for Current Programmes: Assist team to work closely with community partners to co-ordinate and implement impact evaluation processes such as survey & focus group discussion.
  • Major Campaign & Event Support: Support the team in organising and running large-scale team events such as International Women’s Day (IWD) and the International Day for the Elimination of Violence Against Women (IDEVAW).
  • Community Outreach: Represent AWARE at outreach booths and community events (including Chinese or Tamil language events)  to raise awareness, engage the public, and build new partnerships.
  • Volunteer & Administrative Support: Assist with volunteer coordination for the above events and projects, and support general team administrative tasks to ensure smooth operations.

Preferred Candidate Profile

  • Minimum 3 years of relevant experience in community engagement, event management, workshop facilitation, or a related field.
  • Strong interest and some experience in facilitating discussions or workshops on social issues; prior training in Active Bystander intervention or gender equality topics is a strong advantage.
  • Excellent project coordination and event management skills, with a keen eye for detail.
  • Excellent interpersonal and communication skills, with the ability to work effectively with diverse communities, volunteers, and partners.
  • Good knowledge of productivity and design software (Google Workspace, Microsoft Office, Canva, etc.).
  • Strong belief in gender equality and the mission and values of AWARE.
  • Have some experience with data collection (for impact measurement)

How to Apply

Send your CV, a short cover letter, samples of your writing or design work, and links to social media posts you have created to careers@aware.org.sg. Applications will be reviewed on a rolling basis until the role is filled.

You can also click here to submit your application.

Please ensure that you have read and acknowledge the Privacy Statement here.
Due to the high volume of applications, only shortlisted candidates will be contacted for an interview. If you have any questions, please reach out to us at careers@aware.org.sg.

Rethinking online safety in the age of deepfakes and nudifiers

This op-ed was originally published in The Straits Times on 7 March 2026.

Written by Sugidha Nithiananthan and Racher Du.

In 2023, Ms Mathilda Huang was horrified to discover deepfake nude images of herself on “seedy websites” and had to spend time pursuing their removal. In 2024, schoolboys from the Singapore Sports School created and circulated deepfake nude images of female students and teachers. And now Grok – a chatbot developed by xAI and available on X and on mobile apps – has been used to “nudify” real people without consent, with images quickly shared across online networks.

As Singapore enhances its commitment to the development and use of artificial intelligence in Budget 2026 – including plans for a National AI Council, an AI park and national AI initiatives in various sectors – we must confront a parallel reality: AI can also be weaponised. The question to be asked is not whether harm will occur with any particular tool, but whether we will act before it does.

Technology can harm

Technology may be neutral, but it has the capacity to enable, accelerate and amplify harm. In 2025, the Institute for Strategic Dialogue documented dozens of nudification applications (also known as “nudifiers”) and websites that collectively drew more than 21 million visitors. There were at least 290,000 mentions of such tools on X in just two months that year. The abuse of Grok is not an isolated incident; it is part of a normalised, networked ecosystem where abuse occurs.

The harm is real, even if the images are synthetic. In a chilling insight into the minds of such abusers, the “owner” and “web developer” of the website “Mr Deepfakes” gave an interview in a 2022 BBC documentary: He said that consent from the women wasn’t required as “it’s a fantasy, it’s not real”. But real women are being harmed by these non-consensual deepfakes. Responsibility lies not only with the creators of these deepfakes, but also with the consumers who drive the demand and exacerbate the harm.

Damage control is not enough

Following public backlash, including bans or access blocks by countries like Malaysia and Indonesia, xAI restricted access to Grok’s image-generation features in jurisdictions where such content is illegal. Yet many countries lack comprehensive laws against AI-enabled sexual abuse. When technology outpaces regulation – and lacks built-in safeguards – victims are left exposed, and those who cause or enable harm avoid accountability.

Worse, xAi’s measures to restrict access to its “nudifier” functions on Grok do not appear to be successful. A recent investigation by nine Reuters journalists conducted after the measures announced by xAI found that Grok can still be used to generate sexualised images – even when explicitly told that the subject has not given consent.

Singapore has strengthened online protections, most recently through the Online Safety (Relief and Accountability) Act and the App Distribution Services code which comes into effect in March 2026. We applaud these much-needed measures. However, they largely respond after harm has occurred.

New tools are being created every day which have the potential for abuse. Increasingly, there are also networks of malicious actors who band together to escalate the harm and bypass safeguards. We should be looking beyond reactionary measures to see what can be done to actively maintain safe online spaces.

These harms are not unforeseen consequences, but predictable outcomes of deploying powerful tools without sufficient safety in design and within online spaces that are not actively monitored for safety. In an era of rapidly evolving AI tools, reaction is no longer enough.

AWARE therefore recommends several measures to enhance safety online.

First, safety must be embedded in design. When the Reuters journalists tested similar prompts they used with Grok on systems developed by Alphabet (Gemini), OpenAI (ChatGPT) and Meta (Llama), those platforms refused to generate non-consensual sexual content. This shows safeguards are possible. Safety can be mandated through legislating the requirement that AI tools deployed locally must meet minimum design safety standards.

Safety should also be championed by the tech industry itself. It should lead the push for design safety by setting industry standards of best practices in safety by design. Tech companies should commit to adhering to these standards and require all developers to abide by these standards. Governments can play an important part by incentivising such initiatives.

Second, online service providers and platform administrators should have a proactive duty of care to take measures to ensure safe online environments. Rather than acting only after complaints are filed, service providers and platform administrators should be obliged to regularly and meaningfully monitor their online spaces for harmful content and networks, and to take necessary action when these are detected. Examples of jurisdictions with similar measures are the United Kingdom’s Online Safety Act 2023, which imposes a duty to assess and mitigate risks, and the European Union’s Digital Services Act which requires very large platforms to conduct annual systemic risk assessments, implement mitigation measures and undergo independent audits.

Third, Singapore should consider establishing an independent safety watchdog to complement the Online Safety Commission (OSC). Such a body could audit the effectiveness of safeguards within tools and platforms, assess the efficacy of regulatory measures, track trends and publish transparent data – strengthening safety and identifying gaps in the ecosystem. Such a safety watchdog could have vetted the efficacy of xAI’s measures to restrict access to Grok’s “nudifier” functions to ensure users in Singapore are safe from harm. Publication of platform-specific compliance data has the potential to change corporate behaviour faster than monetary penalties alone, because reputational risk is immediate and wide-reaching.

Address the root cause

Regulation and industry action alone will not solve the problem. When barriers were introduced to restrict Grok’s “nudifier” functions, online discussions quickly emerged advising users how to bypass them or switch to other tools. This reveals a deeper societal issue: a persistent sense of entitlement to women’s bodies and a disregard for consent.

We must confront these attitudes through education and raising public awareness. The Infocomm Media Development Authority and the OSC should undertake public education campaigns that highlight the fact that non-consensual creation and sharing of intimate images – deepfake or otherwise – is wrong, illegal and harmful to the women portrayed. We should also teach these lessons from an early age through age-appropriate consent education in schools, so that young people are equipped to understand boundaries and the need for consent in all situations, including those online.

AI will only grow more powerful. If we continue to play catch-up, harm will scale with it. Responsible innovation means anticipating misuse and embedding safeguards from the outset – not waiting for backlash after damage is done.

Singapore’s AI ambitions are bold. But technological progress must be matched with equal ambition for safety, accountability and education. Society deserves both innovation and protection.

Sugidha Nithiananthan is Director of Advocacy and Research and Racher Du is a Research Executive at AWARE.

Photograph by Andrew Ling on Unsplash

25 April 2026: AWARE’s 41st Annual General Meeting 2026 (In-Person)

Join us in person at AWARE’s 41st Annual General Meeting on Saturday, 25 April 2026, at 2pm at the AWARE Centre.

Details of the Notice and Agenda for the 41st Annual General Meeting are now available.

As this is an election year, members will not only receive updates on AWARE’s work over the past year, but will also vote to elect a new Board for the 2026 to 2028 term. The Board plays a vital role in guiding AWARE’s direction and ensuring strong governance. Your participation is important in selecting the candidates who will carry this responsibility forward.

If you are interested in running for the Board, the Nomination Form and Nomination Procedures will be emailed to members on 14 March 2026. Our Meet the Candidates session will take place on Zoom on Saturday, 18 April 2026, at 10:30am. More details will be shared closer to the date.

Light refreshments will be provided. The AGM is also a wonderful opportunity to connect with fellow members, reconnect with familiar faces, and welcome those who are new to AWARE.

If you are a current member*, kindly RSVP your attendance for the AGM through Eventbrite. Please note that if your membership has expired or is close to expiry, you will need to renew it to attend the AGM.

If you have any questions or concerns, please do not hesitate to contact Aqilah at membership@aware.org.sg.

AGM Details:
Date: Saturday, 25 April 2026
Time: 2pm to 6pm
Venue: AWARE Centre (5 Dover Crescent, #01-22, Singapore 130005)

RSVP here!

*This event is open to current members, renewed members whose past membership lapsed no earlier than 25 April 2024, and new members who joined us as a member before 14 March 2026. We look forward to seeing you there!

We are hiring! Communications Intern (Part-time)

Department: Communications Team
Hours: Part-time
Salary: Full-time is $820 per month, will be pro-rated for part-time.
Internship period: 4-6 months
Location: Hybrid
Start Date: Immediately

We are looking for a Communications Intern who is passionate about short-form storytelling and using digital media to spark meaningful conversations around sex education. If you love creating TikTok videos, staying on top of trends, and you care deeply about issues such as sexual violence, navigating toxic relationships, and cohesive control, this role is for you. If accepted, you will work closely with our in-house content producer.

Key responsibilities:

  • Assist the content producer to conceptualise, script, shoot and edit short-form videos
  • Prepare street interview questions that are clear and invite response from the public
  • Monitor social media trends, conversations, and emerging topics on TikTok that can be converted into content opportunities
  • contribute to mood boards, content calendars, and creative direction
  • Pitch and execute fresh content ideas that are relevant to our content objectives

What we’re looking for:

  • Passion for social justice issues (e.g., sexual violence, inequality, systemic oppression)
  • Possesses basic video editing skills (i.e. CapCut, Adobe Premiere)
  • Available part time for 4-6 months

What you’ll gain:

  • Hands-on experience in advocacy-driven digital storytelling
  • Portfolio-building opportunities

Other requirements:

  • Internship period: 4-6 months; part-time (2 to 3 days a week)

To apply, please email your resume, a 1-page cover letter and a portfolio in your application to comms.executive@aware.org.sg

Please note, only shortlisted applicants will be contacted for an interview. If you have any questions about this position, please email internships@aware.org.sg 

We are hiring! Senior Executive, Development and Partnerships (Fundraising)

Position: Senior Executive, Development and Partnerships
Department: Secretariat (Fundraising)
Salary range: S$4,000 – S$4,500
Term: Permanent, Full-time (40 hours per week)
Starting date: Immediate

About the Role

As a key member of the team, you will support the development and execution of AWARE’s fundraising and partnership strategies, with a growing focus on expanding fundraising into new areas—particularly corporate partnerships and major donors—to strengthen AWARE’s fundraising in the long term.

This is a role for a strong communicator and creative thinker who enjoys shaping fundraising narratives, developing campaign ideas, and building relationships. You will support the team in testing new fundraising approaches, following up on partnership conversations, and translating AWARE’s impact into compelling stories, proposals and pitches. This is an exciting opportunity for a professional who is savvy, hands-on, and driven by a strong desire to communicate social impact.

Key Responsibilities

  • Support the development and implementation of AWARE’s fundraising strategies, including exploring and piloting new approaches
  • Assist in relationship-building and liaising with prospective partners and funders
  • Support the planning and execution of the annual AWARE Ball and other donor engagement activities and events, including developing creative concepts, themes and donor-facing materials
  • Conceptualise and develop online fundraising campaigns, including campaign messaging, storytelling angles and calls-to-action
  • Implement donor stewardship activities to maintain strong, long-term relationships with donors and partners
  • Write persuasive donor communications, including donation appeals, donor updates and appreciation letters, proposals, presentations
  • Assist with funding proposals, grant applications and reports for government, corporate and philanthropic entities
  • Conduct research, data mining and analysis to support fundraising strategy

Preferred Candidate Profile

  • At least 3 years of relevant work experience and appropriate educational qualifications
  • Strong copywriting and written communication skills, with the ability to craft compelling, fundraising and partnership communications
  • Strong verbal communication and interpersonal skills, with confidence engaging corporate partners, donors and funders
  • Demonstrated creativity and ability to develop campaign concepts
  • Experience in corporate fundraising, partnerships, business development or account management would be an advantage
  • Experience in the social sector or nonprofit fundraising is a bonus
  • Comfortable and adept at using technology, including Google Suite, Excel, CRM or other database systems
  • Strong project management skills; proactive, adaptable and able to follow through on multiple workstreams
  • Good analytical and problem-solving skills
  • Superb time-management and organisational skills
  • Ability to manage positive working relationships with a broad range of stakeholders and partners
  • Good eye for design and familiarity with photo-editing or design software is an advantage
  • Strong belief in gender equality and alignment with AWARE’s values

How to Apply

Send your CV, a short cover letter, samples of your writing or design work, and links to social media posts you have created to careers@aware.org.sg. Applications will be reviewed on a rolling basis until the role is filled.

You can also click here to submit your application.

Please ensure that you have read and acknowledge the Privacy Statement here.
Due to the high volume of applications, only shortlisted candidates will be contacted for an interview. If you have any questions, please reach out to us at careers@aware.org.sg.

Taking employers to task for discrimination: How easy is the legal process?

This op-ed was originally published in The Straits Times on 29 December 2025.

Written by Sugidha Nithiananthan and Caitlin C. Fernandez.

A TikTok video showing a young man’s experience navigating the Employment Claims Tribunal (ECT) has been viewed more than 120,000 times, prompting comments about how daunting the process can be for employees. The man talks about the lack of information on the ECT process, how tedious preparing for it was, and the length of time the process took.

The video has struck a chord at a time when Singapore has passed new laws aimed at strengthening workplace fairness—laws that now provide avenues for employment discrimination disputes to be resolved through the ECT.

2025 has been a transformative year for workplace fairness in Singapore. Parliament passed the Workplace Fairness Act in January and the Workplace Fairness (Dispute Resolution) Act (WFDRA) in November, extending legal protection against discrimination and channelling such disputes to the Tripartite Alliance for Dispute Management (TADM) for mediation and to the ECT for adjudication by a judge, where mediation fails.

Claims of discrimination will be heard by the ECT, designed as a low-cost and expedited alternative to court proceedings. The WFDRA expands its jurisdiction to claims of up to $250,000 and bars external lawyers, ostensibly to level the playing field for employees.

But while these new laws are a big step forward, there is still some way to go to protect all employees and cover all forms of discrimination in the workplace. In addition, how these laws are implemented matters. If the process is too complex for the people it aims to protect, the law risks falling short of its promise.

A loophole in the system?

Some cases heard by the ECT, however, suggest the process is far from evenly balanced. Take the case of Eva*, who was locked in a dispute with her employer at the ECT over maternity benefits. During the hearing, her employer was represented by a legally trained intern it had appointed. The result was a markedly uneven contest—where the employer made multiple claims, requested more documentation and significantly prolonged the process.

This was extremely stressful for Eva, who had just given birth and had also started a new job. Fortunately, a union officer supported her with critical guidance.

Eva was ultimately successful in her hearing at the ECT, but her experience demonstrates how the process can be complicated and prolonged by allowing legally trained employees—or even the employer’s in-house lawyer—to represent a party. This gives employers an obvious, unfair advantage.

The WFDRA does not eliminate this loophole, which employers can continue to exploit to their advantage. Claims for discrimination are harder to establish than cases like simpler contractual claims that are heard by the Small Claims Tribunal, and the presence of a lawyer acting for the employer can make a huge impact on the employee’s case.

The daunting legal process

Eva’s case and that of the young man in the video demonstrate that while the ECT was designed to provide a fast, accessible path to justice, for many employees, the process can be cumbersome, legalistic, and time-consuming. It reflects the reality that the ECT still operates within the State Courts system and is governed by technical procedural rules.

Employees must prepare and present evidence in prescribed ways. They need to understand what evidence is relevant, gather documents, obtain written witness statements and compile bundles of documents for the hearing.

Multiple sets must be prepared and properly served. Documents in foreign languages must be translated. Audio and video files must be formally transcribed and submitted on physical media such as DVDs. Errors during any step of the process can lead to delays or the exclusion of evidence.

The hearing is no less demanding. Parties must deliver opening statements, cross-examine witnesses and make closing submissions. While judges guide the proceedings, the parties are responsible for proving their case, and effective cross-examination and advocacy require planning and skill.

Discrimination claims add a further layer of difficulty. Unlike salary or maternity benefits disputes, discrimination is often harder to prove. Many employees are unsure what constitutes admissible evidence or how to establish a discriminatory employment decision. Without guidance, they are left to navigate a complex process largely on their own.

While lawyers understand what “relevant” evidence is,  the average lay employee is unlikely to know what is the precise nature of correctly presented evidence, what is a persuasive statement and what is effective cross-examination.

Unequal power dynamics can deepen inequalities

These procedural challenges are compounded by a structural reality: the power imbalance between employers and employees. Employers have access to legal advice, human resource specialists, internal documents and institutional knowledge. Employees, by contrast, are typically individuals acting alone, often without the resources or confidence to seek professional advice.

This imbalance is present from the earliest stages of dispute resolution. Ari*, a mother of two, was dismissed from her job. During her pregnancy, her employer changed the bonus criteria in a way that denied her a quantum that colleagues with similar performance received. She took her case to the TADM for mediation.

At the mediation session, Ari faced her former supervisor and a human resources representative. She was outnumbered and overwhelmed. Her account of events was challenged, and her credibility questioned. In the end, she was offered a settlement. But without access to advice or support, Ari had no way of knowing whether the offer was fair, or whether she should accept it.

Ari’s experience is far from unique. Many employees in similar situations feel the odds are stacked against them. This imbalance cannot be wished away. It requires deliberate measures to level the playing field so that employees can participate meaningfully in mediation and hearings.

Creating a fairer process

We therefore suggest four ways to strengthen the ECT process as a legal platform for employees to effectively seek redress for cases of discrimination.

First, close the loophole. Prohibit employers from being represented by legally trained employees, even those within the human resources department. The intention behind the prohibition of legal representation in the ECT should not be allowed to be circumvented by this loophole.

Second, support for employees should be broadened beyond unions. The WFDRA already recognises that unions can play a constructive role by allowing them to represent members. This recognition should be extended to other groups, such as non-governmental organisations and pro bono bodies with relevant expertise.

Relatedly, employees are technically allowed to have support persons present, but this is not widely understood. TADM and ECT staff should proactively inform employees of this option.

Allowing informed support persons to assist employees during mediation and hearings, even if they are not formal representatives, can make a critical difference. As Ari’s case shows, even limited guidance would help an employee understand whether a settlement is reasonable or not, and whether their rights are being compromised.

Third, provide clear, practical advice and guidance to parties. Employees need help, not only with the administrative steps of the filing of the case, but also with understanding what evidence is required and how to present their case effectively.

Such help can be provided by court staff and other relevant organisations. The Ministry of Manpower and the ECT could work together with community groups to create a pool of trained support persons who can provide assistance on a pro-bono basis or at very low cost.

Finally, technical requirements should be reviewed and modernised. Processes such as requiring evidence to be submitted on DVDs are outdated and add unnecessary friction to an already challenging process.

The WFA and WFDRA are intended to protect and empower employees who are in a vulnerable position vis-a-vis their employers, offering an alternative to the false choice between tolerating discrimination and quitting a job.

For these laws to deliver on their promise to people like Ari and Eva, the dispute resolution process must be genuinely accessible and fair. Loopholes, power imbalances and procedural barriers must be addressed so that fairness exists not just in law, but also in practice.

Sugidha Nithiananthan is the Director of Advocacy and Research, and Caitlin C. Fernandez is the Senior Research Executive at AWARE.

Photograph by Tingey Injury Law Firm on Unsplash.