Hasan Shofiqul v China Civil: Employment Act & Overtime Pay Dispute

In Hasan Shofiqul v China Civil (Singapore) Pte Ltd, the High Court of Singapore heard an appeal by Hasan Shofiqul against the decision of the Assistant Commissioner for Labour regarding his claims for overtime pay and one month's salary in lieu of notice. The court allowed the appeal in part, finding that Hasan Shofiqul was entitled to the protection and benefits of Part IV of the Employment Act and remitted the matter back to the Assistant Commissioner for Labour for reconsideration of the overtime pay calculation.

1. Case Overview

1.1 Court

High Court of Singapore

1.2 Outcome

Appeal allowed in part; case remitted to the Assistant Commissioner for Labour for reconsideration.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case involving Hasan Shofiqul and China Civil regarding overtime pay and applicability of the Employment Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Hasan ShofiqulApplicantIndividualAppeal allowed in partPartial
China Civil (Singapore) Pte LtdRespondentCorporationAppeal dismissed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
George WeiJudgeYes

4. Counsels

Counsel NameOrganization
Chan Kah Keen MelvinTSMP Law Corporation
Tan Tho EngTSMP Law Corporation
Tng Kim ChoonKC Tng Law Practice

4. Facts

  1. Hasan Shofiqul, a Bangladeshi national, was employed by China Civil (Singapore) Pte Ltd as a construction worker and later as a site supervisor.
  2. Hasan Shofiqul's employment contract stipulated a 44-hour work week with overtime pay.
  3. China Civil (Singapore) Pte Ltd did not maintain proper records of Hasan Shofiqul's overtime work.
  4. Hasan Shofiqul claimed for overtime pay and one month's salary in lieu of notice upon termination of his employment.
  5. The Assistant Commissioner for Labour found that Hasan Shofiqul was employed in an executive position and could not rely on Part IV of the Employment Act for calculating payments for work done on rest days and public holidays.
  6. The Assistant Commissioner for Labour awarded Hasan Shofiqul S$5,510.05 in overtime payment based on China Civil (Singapore) Pte Ltd's records.
  7. The Assistant Commissioner for Labour found that Hasan Shofiqul was not entitled to one month's salary in lieu of notice.

5. Formal Citations

  1. Hasan Shofiqul v China Civil (Singapore) Pte Ltd, , [2018] SGHC 128

6. Timeline

DateEvent
Employment contract signed between Hasan Shofiqul and China Civil (Singapore) Pte Ltd.
Hasan Shofiqul's employment with China Civil (Singapore) Pte Ltd terminated.
Hasan Shofiqul filed an appeal against the Assistant Commissioner for Labour's order.
Hearing held before George Wei J.
Decision of the Learned Assistant Commissioner for Labour Ms Lim Saw Boon made.
China Civil (Singapore) Pte Ltd issued a termination letter to Hasan Shofiqul.

7. Legal Issues

  1. Applicability of Part IV of the Employment Act
    • Outcome: The court held that Hasan Shofiqul was entitled to the protection and benefits of Part IV of the Employment Act.
    • Category: Substantive
  2. Calculation of Overtime Hours
    • Outcome: The court found that the ACL erred in relying solely on the Bored Pile Records and remitted the matter for reconsideration.
    • Category: Substantive
  3. Entitlement to one month's salary in lieu of notice
    • Outcome: The court agreed with the ACL's decision to dismiss Hasan Shofiqul's claim for one month's salary in lieu of notice.
    • Category: Substantive

8. Remedies Sought

  1. Overtime Pay
  2. Salary in Lieu of Notice

9. Cause of Actions

  • Breach of Employment Contract
  • Failure to Pay Overtime
  • Unlawful Termination

10. Practice Areas

  • Employment Law
  • Construction Law

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Valentino Globe BV v Pacific Rim Industries IncCourt of AppealYes[2009] 4 SLR(R) 577SingaporeCited for the principle that the court is not constrained to determine only whether the tribunal’s decision below was proper and/or contained manifest errors of fact and law.
Ceramiche Caesar SpA v Caesarstone Sdot-Yam LtdCourt of AppealYes[2017] 2 SLR 308SingaporeCited for the principle that the court is not constrained to determine only whether the tribunal’s decision below was proper and/or contained manifest errors of fact and law.
Jolley v Sutton London Borough CouncilCourt of AppealYes[1998] 1 WLR 1546United KingdomCited for the principle that the judge having heard the evidence is in a better position to know all the circumstances than this court can be even with the assistance of transcripts.
Cardshops Ltd v Davies and anotherCourt of AppealYes[1971] 1 WLR 591EnglandCited as an example where the English Court of Appeal remitted the case with directions to the county court judge for rent to be reconsidered accordingly.
Brightway Petrochemical Group Singapore Pte Ltd v Ang LilyHigh CourtYes[2007] 4 SLR(R) 729SingaporeCited to illustrate that the courts will approach the question of whether an employee is employed in an executive position by looking at all the circumstances of the case.

13. Applicable Rules

Rule Name
Order 55 of the Rules of Court (Cap 322, R 5, 2014 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Employment Act (Cap 91)Singapore
RULES OF COURT (Cap 322, Rule 5)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Employment Act
  • Overtime Pay
  • Rest Days
  • Public Holidays
  • Site Supervisor
  • Bored Pile Records
  • Executive Position
  • Workman
  • Termination Notice

15.2 Keywords

  • Employment Act
  • Overtime
  • Singapore
  • Construction
  • Labour Dispute

17. Areas of Law

Area NameRelevance Score
Employment Law95
Contract Law30
Civil Procedure15

16. Subjects

  • Employment Law
  • Labour Law
  • Construction Law