Sameer Rahman v Nomura Singapore Limited: Striking Out Pleadings in Wrongful Dismissal & Negligent Misinformation Claim
Sameer Rahman appealed against the High Court's decision to strike out parts of his claim against Nomura Singapore Limited. Rahman's claim included a wrongful dismissal claim and a negligent misinformation claim. The Court of Appeal allowed the appeal in part, reinstating the wrongful dismissal claim related to 'collateral reasons' for dismissal but dismissed the appeal regarding the negligent misinformation claim. The court also dismissed Rahman's application to amend his Statement of Claim.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal allowed in part, appeal dismissed in part.
1.3 Case Type
Civil
1.4 Judgment Type
Ex Tempore judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning striking out portions of a claim for wrongful dismissal and negligent misinformation. The court allowed the appeal in part, reinstating the wrongful dismissal claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sameer Rahman | Appellant, Plaintiff | Individual | Appeal allowed in part | Partial | Eugene Singarajah Thuraisingam, Chooi Jing Yen, Hamza Zafar Malik |
| Nomura Singapore Limited | Respondent, Defendant | Corporation | Appeal dismissed in part | Partial | Ong Tun Wei Danny, Ng Hui Ping Sheila, Yam Wern-Jhien, Lim Tiong Garn Jason |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Justice of the Court of Appeal | Yes |
| Belinda Ang | Judge of the Appellate Division | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Eugene Singarajah Thuraisingam | Eugene Thuraisingam LLP |
| Chooi Jing Yen | Eugene Thuraisingam LLP |
| Hamza Zafar Malik | Eugene Thuraisingam LLP |
| Ong Tun Wei Danny | Rajah & Tann Singapore LLP |
| Ng Hui Ping Sheila | Rajah & Tann Singapore LLP |
| Yam Wern-Jhien | Rajah & Tann Singapore LLP |
| Lim Tiong Garn Jason | Rajah & Tann Singapore LLP |
4. Facts
- Appellant was a former Vice President of the respondent, a financial institution.
- Appellant's employment was terminated on 14 March 2018 due to alleged breaches of client confidentiality.
- Respondent filed a misconduct report with the Monetary Authority of Singapore.
- Appellant claimed he was dismissed for reporting unlawful trading activity and falling out with an Executive Director.
- Appellant disclosed the misconduct report to prospective employers and did not receive offers.
- Appellant found alternative employment with a 70% pay cut.
5. Formal Citations
- Sameer Rahman v Nomura Singapore Limited, , [2021] SGCA 11
- Sameer Rahman v Nomura Singapore Limited, 133 of 2020, Civil Appeal No 133 of 2020
6. Timeline
| Date | Event |
|---|---|
| Appellant received a written warning. | |
| Appellant received a letter. | |
| Appellant's employment was terminated. | |
| Respondent filed a misconduct report with the Monetary Authority of Singapore. | |
| Appellant had taken legal advice by this date. | |
| Appellant received the MAS report. | |
| Appellant found alternative employment. | |
| Appellant commenced Suit 507. | |
| Respondent applied to strike out the appellant’s claim. | |
| Court of Appeal delivered judgment. |
7. Legal Issues
- Wrongful Dismissal
- Outcome: The court allowed the appellant to plead that his dismissal was for reasons other than that stated by the respondent.
- Category: Substantive
- Sub-Issues:
- Termination for collateral reasons
- Breach of client confidentiality
- Negligent Misinformation
- Outcome: The court upheld the striking out of the Negligent Misinformation Claim.
- Category: Substantive
8. Remedies Sought
- Reinstatement of struck-out claims
- Damages for wrongful dismissal
- Damages for negligent misinformation
9. Cause of Actions
- Wrongful Dismissal
- Negligence
10. Practice Areas
- Commercial Litigation
11. Industries
- Financial Services
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 |
|---|---|
| Securities and Futures Act (Cap 289, 2006 Rev Ed) (“SFA”) | Singapore |
| Financial Advisers Act (Cap 110, 2007 Rev Ed) (“FAA”) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Wrongful dismissal
- Negligent misinformation
- Statement of Claim
- Striking out
- Collateral reasons
- Client confidentiality
- Monetary Authority of Singapore
- Misconduct report
- Termination Notice
15.2 Keywords
- wrongful dismissal
- negligent misinformation
- striking out
- employment law
- financial services
16. Subjects
- Civil Procedure
- Employment Law
17. Areas of Law
- Civil Procedure
- Pleadings
- Striking out
- Employment Law