Monteverde Darvin Cynthia v VGO Corp Ltd: Overtime Pay Dispute Under the Employment Act
In Monteverde Darvin Cynthia v VGO Corp Ltd, the High Court of Singapore heard an appeal by Monteverde Darvin Cynthia against the decision of the Assistant Commissioner for Labour regarding her claim for overtime pay against her former employer, VGO Corp Ltd. The High Court, presided over by Lionel Yee JC, allowed the appeal, finding that the appellant's basic salary did not include overtime payments and varied the Commissioner's award to $1,435.68.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning overtime pay claim. The court allowed the appeal, varying the Commissioner's award to $1,435.68, finding the basic salary did not include overtime.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Monteverde Darvin Cynthia | Appellant | Individual | Appeal allowed | Won | |
| VGO Corp Ltd | Respondent | Corporation | Appeal dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lionel Yee | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Loh Ling Wei | Tan Kok Quan Partnership |
| Charles Phua | Tan Kok Quan Partnership |
4. Facts
- The Appellant was employed by the Respondent as a senior boutique associate starting from 21 August 2010.
- The Appellant was promoted to a boutique supervisor with effect from 1 May 2012.
- The Appellant's last drawn monthly basic salary was $1,900.
- The Appellant worked 60 hours per week.
- The Appellant ceased her employment with the Respondent when her work pass was cancelled on 17 August 2012.
- The Appellant lodged a claim with the Commissioner for overtime pay for the period from 21 August 2010 to 17 August 2012.
- The Appellant's contract of service stated that there shall be no claim for overtime.
5. Formal Citations
- Monteverde Darvin Cynthia v VGO Corp Ltd, Tribunal Appeal No 20 of 2013, [2013] SGHC 280
6. Timeline
| Date | Event |
|---|---|
| Appellant employed by Respondent as a senior boutique associate. | |
| Appellant promoted to boutique supervisor. | |
| Appellant's work pass was cancelled, ceasing employment with Respondent. | |
| Appellant lodged a claim with the Commissioner for overtime pay. | |
| Commissioner's decision on Appellant's claim. | |
| Appellant filed appeal. | |
| Judgment reserved. |
7. Legal Issues
- Overtime Pay
- Outcome: The court held that the Appellant's monthly salary of $1,900 did not include any overtime payments and that she was entitled to additional payment for overtime hours worked.
- Category: Substantive
8. Remedies Sought
- Overtime Pay
9. Cause of Actions
- Claim for Overtime Pay
10. Practice Areas
- Employment Disputes
- Commercial Litigation
11. Industries
- Retail
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Employment Act (Cap 91, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Overtime Pay
- Basic Rate of Pay
- Employment Act
- Contract of Service
- Commissioner for Labour
15.2 Keywords
- Overtime
- Employment Act
- Singapore
- Labour Law
- Employment Contract
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Employment Law | 95 |
| Administrative Law | 30 |
| Contract Law | 20 |
16. Subjects
- Employment Dispute
- Overtime Pay
- Labour Law