Sanae Achar v SciGen Ltd: Wrongful Termination & Employment Contract Dispute

In Sanae Achar v SciGen Ltd, the High Court of Singapore addressed a claim by Sanae Achar against SciGen Ltd for breach of her employment contract, alleging wrongful termination. SciGen Ltd contended that Achar's employment was terminated for cause due to dishonesty. The court, presided over by Judith Prakash J, found that Achar had fabricated evidence to support her claim of prior termination and, as a result, her employment was validly terminated for cause on 29 May 2009. The court dismissed Achar's claim.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's claim dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

SciGen Ltd sued by Sanae Achar for wrongful termination of employment contract. Court found Achar's termination valid due to dishonest conduct.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Sanae AcharPlaintiffIndividualClaim DismissedLost
SciGen LtdDefendantCorporationJudgment for DefendantWon

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Jasmin KaurHarry Elias Partnership LLP
Jonathan YuenHarry Elias Partnership LLP
Joana TeoHarry Elias Partnership LLP
William OngAllen & Gledhill LLP
Sylvia TeeAllen & Gledhill LLP

4. Facts

  1. Plaintiff employed by defendant as a business development consultant.
  2. Plaintiff claimed her employment was prematurely terminated.
  3. Defendant claimed plaintiff's employment was terminated for cause due to dishonesty.
  4. Plaintiff alleged she received a termination letter on 1 December 2008.
  5. Defendant alleged the termination letter was fabricated and backdated.
  6. Plaintiff applied for renewal of Singapore employment pass and Canadian business visa after alleged termination date.
  7. Plaintiff planned a business trip to Singapore in May 2009.

5. Formal Citations

  1. Sanae Achar v SciGen Ltd, Suit No 222 of 2010, [2011] SGHC 253

6. Timeline

DateEvent
Employment contract signed
Plaintiff allegedly informed of termination
Mr. Allerhand became CEO and chairman of defendant
Defendant sent letter purporting to terminate plaintiff's employment without notice
Statement of claim filed
Judgment reserved

7. Legal Issues

  1. Wrongful Termination
    • Outcome: The court held that the termination was valid due to the plaintiff's dishonest conduct.
    • Category: Substantive
    • Sub-Issues:
      • Validity of termination notice
      • Termination for cause
      • Breach of employment contract
  2. Dishonesty
    • Outcome: The court found that the plaintiff had engaged in dishonest conduct by fabricating evidence.
    • Category: Substantive
    • Sub-Issues:
      • Fabrication of evidence
      • Misrepresentation

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • Employment Litigation

11. Industries

  • Biotechnology

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ang Beng Teik v Pan Global Textile Bhd, PenangMalaysian Court of AppealYes[1996] 3 MLJ 137MalaysiaCited for the principle of constructive dismissal where an employer's conduct leads an employee to believe they have been dismissed without cause.
Noor Mohamed bin Mumtaz Shah v Apollo Enterprises Ltd (trading as Apollo Hotel Singapore)High CourtYes[2000] 1 SLR(R) 670SingaporeCited regarding the presumption that a dismissal is due to redundancy if it occurs in circumstances where redundancy benefits would be applicable.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Termination Letter
  • Employment Contract
  • Redundancy
  • Termination Email
  • Leave Email
  • Leave Memorandum
  • Dishonest Conduct
  • Fabrication of Evidence

15.2 Keywords

  • wrongful termination
  • employment contract
  • SciGen Ltd
  • Sanae Achar
  • dishonesty
  • fabrication
  • Singapore High Court

17. Areas of Law

Area NameRelevance Score
Employment Law80
Breach of Contract75
Contract Law70
Wrongful Termination70
Fraud and Deceit60
Misrepresentation60
Dishonesty50
Warranties30

16. Subjects

  • Employment Dispute
  • Contract Dispute