DFI Engineering Pte Ltd v Mo Mei Jen: Application to Transfer Employment Claim from ECT to High Court Dismissed

DFI Engineering Pte Ltd applied to the High Court of Singapore to transfer Mo Mei Jen's claim from the Employment Claims Tribunal (ECT) to the High Court, seeking to have it tried alongside High Court suit no 737 of 2017. Mo Mei Jen, the defendant, objected to the application. Lee Seiu Kin J dismissed the plaintiff's application, citing that the common issues of fact and law between the two suits did not constitute sufficient reason for ordering a transfer of proceedings, considering the small quantum of the defendant’s claim in ECT487 in relation to the plaintiff’s claims in S737, and the overwhelming savings in costs for not just the defendant and the plaintiff but also for the 11 other defendants in S737.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Plaintiff's application for transfer of proceedings dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court dismissed DFI Engineering's application to transfer Mo Mei Jen's employment claim from the Employment Claims Tribunal to the High Court.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
DFI Engineering Pte LtdPlaintiffCorporationApplication DismissedLost
Mo Mei JenDefendantIndividualApplication DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Yeo JianhaoRajah & Tann Singapore LLP
MitchellRajah & Tann Singapore LLP

4. Facts

  1. Plaintiff applied to transfer defendant's claim from the Employment Claims Tribunal to the High Court.
  2. Defendant claimed unpaid salary and expenses from plaintiff.
  3. Plaintiff alleged defendant was working for a competing business during the relevant period.
  4. Plaintiff argued the ECT was not suitable for complex cases.
  5. Defendant objected to the transfer, arguing the set-off claim was an afterthought.
  6. The defendant claimed a total of $3,667.57.

5. Formal Citations

  1. DFI Engineering Pte Ltd v Mo Mei Jen, Originating Summons No 1255 of 2017, [2018] SGHC 113

6. Timeline

DateEvent
Defendant employed by plaintiff
Defendant tendered resignation
Defendant left plaintiff company
Plaintiff commenced S737
Defendant submitted a mediation request to the Commissioner for Labour
Defendant filed claim with the ECT
Plaintiff filed amended statement of claim in S737
Hearing of application
Decision given

7. Legal Issues

  1. Transfer of proceedings from Employment Claims Tribunal to High Court
    • Outcome: The court dismissed the application for transfer, finding insufficient reason to transfer the proceedings.
    • Category: Procedural

8. Remedies Sought

  1. Transfer of proceedings
  2. Payment of salary
  3. Reimbursement of expenses

9. Cause of Actions

  • Breach of fiduciary duty
  • Conspiracy to defraud

10. Practice Areas

  • Litigation

11. Industries

  • Industrial Machinery

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Employment Claims Act 2016Singapore
Employment Claims Act 2016 s 17Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Employment Claims Tribunal
  • Transfer of proceedings
  • Sufficient reason
  • Common issues of fact and law
  • Set-off
  • Employment Claims Act 2016

15.2 Keywords

  • Employment Claims Tribunal
  • Transfer of proceedings
  • Employment Claims Act
  • Singapore High Court

17. Areas of Law

Area NameRelevance Score
Transfer of Cases75
Employment Law70
Jurisdiction60
Contract Law50
Costs40
Summary Judgement30
Fiduciary Duties30
Duty to Account25
Civil Litigation20
Civil Practice20
Evidence Law20
Estoppel20
Civil Procedure20
Evidence20
Corporate Law15
Company Law15

16. Subjects

  • Employment Dispute
  • Civil Procedure