Temasek Polytechnic v Poh Peng Ghee: Work Injury Compensation Appeal
Temasek Polytechnic and NTUC Income Insurance Co-operative Ltd appealed against the decision of an Assistant Commissioner for Labour regarding a work injury compensation claim made by Poh Peng Ghee, Carissa Poh Hui Min, and Jonathan Poh Jun Hui, the family of the deceased employee. The High Court of Singapore, presided over by Woo Bih Li J, held that the Notice of Objection submitted by the insurer, NTUC Income, was a valid objection on behalf of the employer, Temasek Polytechnic, and set aside the Amended Certificate of Order.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Amended Certificate of Order of Assistant Commissioner of Labour set aside.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding work injury compensation claim. The court held that the insurer's objection was valid on behalf of the employer.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Intervening Party | Government Agency | Neutral | Neutral | Amanda Sum of Attorney-General’s Chambers Gordon Lim of Attorney-General’s Chambers Yeo Xue Ying of Attorney-General’s Chambers |
| Temasek Polytechnic | Applicant | Statutory Board | Appeal Allowed | Won | |
| NTUC Income Insurance Co-operative Ltd | Applicant | Corporation | Appeal Allowed | Won | |
| Poh Peng Ghee | Respondent | Individual | Appeal Dismissed | Lost | |
| Carissa Poh Hui Min | Respondent | Individual | Appeal Dismissed | Lost | |
| Jonathan Poh Jun Hui | Respondent | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Amanda Sum | Attorney-General’s Chambers |
| Gordon Lim | Attorney-General’s Chambers |
| Yeo Xue Ying | Attorney-General’s Chambers |
| Vinodhan Gunasekaran | Just Law LLC |
| Ramesh Appoo | Just Law LLC |
| K Mathialahan | Guna & Associates |
4. Facts
- Chew Bee Ling, an administrative manager at Temasek Polytechnic, was found dead at work.
- Her family claimed compensation under the Work Injury Compensation Act.
- The Assistant Commissioner for Labour issued a Notice of Assessment of Compensation for $204,000.
- NTUC Income, Temasek Polytechnic's insurer, submitted a Notice of Objection.
- The Assistant Commissioner for Labour ruled the insurer's objection invalid because it was not submitted by the employer.
- The death certificate indicated the cause of death as Coronary Atherosclerosis.
- The Notice of Assessment of Compensation named the insurer as the payer.
5. Formal Citations
- Temasek Polytechnic and another v Poh Peng Ghee and others (Attorney-General, intervener), Tribunal Appeal No 2 of 2018, [2018] SGHC 212
6. Timeline
| Date | Event |
|---|---|
| Chew Bee Ling found slumped over at Temasek Polytechnic's premises and pronounced dead. | |
| Assistant Commissioner for Labour issued a Notice of Assessment of Compensation. | |
| NTUC Income submitted a Notice of Objection to the Commissioner for Labour. | |
| Notice issued by the Commissioner for Labour stating that objection(s) to the Notice of Assessment of Compensation had been received. | |
| Fourth pre-hearing conference held. | |
| Assistant Commissioner for Labour heard submissions and decided that the Notice of Objection submitted by NTUC Income was not a valid objection. | |
| Covering letter issued for and on behalf of the Commissioner for Labour to Temasek Polytechnic enclosing a Certificate of Order. | |
| Amended certificate of order issued. | |
| Temasek Polytechnic and NTUC Income filed an application to appeal against the Amended Certificate of Order. | |
| Assistant Commissioner for Labour's Grounds of Decision issued. | |
| Attorney-General granted leave to be added as an intervening party. | |
| Judgment reserved. | |
| Judgment delivered. |
7. Legal Issues
- Validity of Notice of Objection
- Outcome: The court held that the insurer's objection was valid on behalf of the employer.
- Category: Substantive
- Sub-Issues:
- Insurer's authority to object on behalf of employer
- Interpretation of Work Injury Compensation Act
- Compliance with Work Injury Compensation Regulations
8. Remedies Sought
- Compensation for work-related death
9. Cause of Actions
- Work Injury Compensation Claim
10. Practice Areas
- Work Injury Compensation
- Insurance Law
11. Industries
- Insurance
- Education
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Goh Yee Lan Coreena and others v P & P Security Services Pte Ltd | High Court | Yes | [2016] 4 SLR 1065 | Singapore | Relied on by ACOL Manoj for the principle that an objection filed by an insurer in its own name is not an objection by the employer under s 25(1) WICA. |
| MST Ruma Khatun v T & Zee Engineering Pte Ltd and another | High Court | Yes | [2017] 4 SLR 1045 | Singapore | Cited for the observation that the literal interpretation of s 25(1) WICA would mean that only an employer and the person claiming compensation may object to an NAC. |
13. Applicable Rules
| Rule Name |
|---|
| Order 55, Rule 1 of the Rules of Court (Cap 322, R 5) |
| Order 55 r 3(2) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Work Injury Compensation Act (Cap 354) | Singapore |
| Section 24(1) Work Injury Compensation Act | Singapore |
| Section 24(2)(a) Work Injury Compensation Act | Singapore |
| Section 24(3)(a) Work Injury Compensation Act | Singapore |
| Section 24(3B) Work Injury Compensation Act | Singapore |
| Section 25(1) Work Injury Compensation Act | Singapore |
| Section 25D Work Injury Compensation Act | Singapore |
| Section 25E(1) Work Injury Compensation Act | Singapore |
| Section 27(1)(d) Work Injury Compensation Act | Singapore |
| Section 29(1) Work Injury Compensation Act | Singapore |
| Section 29(2A) Work Injury Compensation Act | Singapore |
| Section 32 Work Injury Compensation Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Work Injury Compensation Act
- Notice of Assessment of Compensation
- Notice of Objection
- Insurer
- Employer
- Assistant Commissioner for Labour
- Coronary Atherosclerosis
15.2 Keywords
- Work Injury Compensation
- Appeal
- Insurer
- Employer
- Notice of Objection
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Work Injury Compensation | 95 |
| Employment Law | 70 |
| Civil Procedure | 30 |
16. Subjects
- Work Injury
- Insurance
- Civil Procedure