Sameer Rahman v. Nomura Singapore Ltd: Striking Out Pleadings in Wrongful Dismissal & Employment Law

In Sameer Rahman v. Nomura Singapore Ltd, the High Court of Singapore heard a case regarding the wrongful dismissal of Sameer Rahman by his former employer, Nomura Singapore Ltd. Rahman sued for wrongful dismissal, claiming premature termination losses, loss of bonus, and aggravated damages. He also pleaded causes of action for breach of an implied term of trust and confidence, breach of a duty of care in tort, and libel, based on statements he made to prospective employers. The court struck out Rahman's claims for loss of job opportunities, breach of trust, duty of care, libel, bonus, aggravated damages, and declaratory relief, but allowed him to continue with his claim for wrongful dismissal.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal allowed in large part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Wrongful dismissal claim. Court struck out claims for loss of job opportunities, breach of trust, duty of care, and libel, but allowed wrongful dismissal claim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Sameer RahmanPlaintiff, AppellantIndividualAppeal allowed in partPartialEugene Singarajah Thuraisingam, Chooi Jing Yen, Hamza Zafar Malik
Nomura Singapore LtdDefendant, RespondentCorporationAppeal allowed in large partWonYam Wern-Jhien, Lim Tiong Garn Jason, Ong Tun Wei Danny, Ng Hui Ping Sheila

3. Judges

Judge NameTitleDelivered Judgment
Andre ManiamJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Eugene Singarajah ThuraisingamEugene Thuraisingam LLP
Chooi Jing YenEugene Thuraisingam LLP
Hamza Zafar MalikEugene Thuraisingam LLP
Yam Wern-JhienRajah & Tann Singapore LLP
Lim Tiong Garn JasonRajah & Tann Singapore LLP
Ong Tun Wei DannyRajah & Tann Singapore LLP
Ng Hui Ping SheilaRajah & Tann Singapore LLP

4. Facts

  1. The plaintiff was formerly employed by the defendant, a financial institution.
  2. The defendant summarily terminated the plaintiff’s employment on 14 March 2018.
  3. The termination was based on alleged breaches of client confidentiality by the plaintiff.
  4. The plaintiff sued for wrongful dismissal, claiming breach of contract.
  5. The plaintiff also claimed loss of job opportunities based on what he told prospective employers.
  6. The defendant did not say it “had filed” a misconduct report against the plaintiff in the Termination Notice.
  7. The defendant said it “will also notify the Monetary Authority of Singapore regarding the cessation of [his] employment.”

5. Formal Citations

  1. Sameer Rahman v Nomura Singapore Ltd, Suit No 507 of 2019 (Registrar’s Appeal No 90 of 2020), [2020] SGHC 176

6. Timeline

DateEvent
Defendant summarily terminated the plaintiff’s employment.
Plaintiff started a new job.
Hearing date
Hearing date
Judgment date

7. Legal Issues

  1. Wrongful Dismissal
    • Outcome: The plaintiff can continue with his claim for wrongful dismissal.
    • Category: Substantive
    • Sub-Issues:
      • Breach of contract
      • Summary termination
      • Breaches of client confidentiality
  2. Loss of Job Opportunities
    • Outcome: The court struck out the plaintiff’s claim for loss of job opportunities.
    • Category: Substantive
  3. Breach of Implied Term of Trust and Confidence
    • Outcome: The court struck out the plaintiff’s claim for breach of an implied term of trust and confidence.
    • Category: Substantive
  4. Breach of Duty of Care in Tort
    • Outcome: The court struck out the plaintiff’s claim for breach of a duty of care in tort.
    • Category: Substantive
  5. Libel
    • Outcome: The court struck out the plaintiff’s claim for libel.
    • Category: Substantive

8. Remedies Sought

  1. Premature Termination Losses
  2. Loss of Bonus
  3. Aggravated and/or Punitive Damages
  4. Damages for Loss of Job Opportunities
  5. Declaratory Relief

9. Cause of Actions

  • Wrongful Dismissal
  • Breach of Contract
  • Breach of an Implied Term of Trust and Confidence
  • Breach of a Duty of Care in Tort
  • Libel

10. Practice Areas

  • Commercial Litigation
  • Employment Litigation

11. Industries

  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PH Hydraulics & Engineering Pte Ltd v Airtrust (Hong Kong) Ltd and another appealCourt of AppealYes[2017] 2 SLR 129SingaporeCited regarding punitive damages for wrongful dismissal.
Alexander Proudfoot Productivity Services Co S’pore Pte Ltd v Sim Hua Ngee Alvin and another appealCourt of AppealYes[1992] 3 SLR(R) 933SingaporeCited regarding the normal measure of damages for wrongful dismissal.
Wee Kim San Lawrence Bernard v Robinson & Co (Singapore) Pte LtdCourt of AppealYes[2014] 4 SLR 357SingaporeCited regarding the normal measure of damages for wrongful dismissal.
Boston Deep Sea Fishing and Ice Company v AnsellCourt of ChanceryYes(1888) 39 Ch D 339England and WalesCited for the principle that an employer can rely on grounds justifying termination other than those relied upon at the time of termination.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Financial Advisers Act (Cap 110, 2007 Rev Ed)Singapore
Securities and Futures Act (Cap 289, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Wrongful Dismissal
  • Summary Termination
  • Client Confidentiality
  • Misconduct Report
  • Monetary Authority of Singapore
  • Fit and Proper Guidelines
  • Termination Notice
  • Loss of Job Opportunities
  • Breach of Trust and Confidence
  • Duty of Care
  • Libel

15.2 Keywords

  • Wrongful Dismissal
  • Employment Law
  • Striking Out
  • Singapore
  • High Court
  • Nomura
  • Sameer Rahman

16. Subjects

  • Employment Law
  • Civil Procedure
  • Wrongful Dismissal
  • Striking Out

17. Areas of Law

  • Civil Procedure
  • Pleadings
  • Striking out
  • Employment Law
  • Unfair dismissal