By Toh Yong, The Straits Times, 3 Oct 2013
THE Government breached the rules of natural justice and acted unfairly, one of Singapore's mega-churches claimed yesterday as it sought a legal review to quash a decision involving a sacked employee.
The claim earned a response from the Ministry of Manpower (MOM) - that employment laws must apply to all regardless of religion.
It added in a statement to The Straits Times: "Our laws are applied to safeguard employees' rights... and not to undermine religious beliefs nor to restrict the practices of religious organisations."
In documents filed with the High Court yesterday, Faith Community Baptist Church (FCBC) charged that it was not allowed to explain its actions before the Acting Minister for Manpower ordered it to compensate one of its workers.
It added in the 11-page court document that "none of the plaintiff's senior leaders or management, nor the chief operating officer, was called upon to give a statement to the MOM or participate in any way in the MOM's inquiry". The minister also acted unconstitutionally, FCBC said.
The matter revolves around an FCBC administrative staff member being dismissed a year ago without compensation, after she committed adultery and became pregnant.
The Employment Act protects an expectant mother from her fourth month of pregnancy. The church member, who was then about seven months pregnant, complained to MOM.
In August, Acting Manpower Minister Tan Chuan-Jin decided that she was dismissed "without sufficient cause" within six months of her delivery date. He ordered FCBC to pay the woman $7,647 in salary and maternity benefits.
Under the law, the minister can order an employer to pay maternity benefits, and those who refuse can be fined up to $10,000 and jailed up to a year.
The MOM stressed yesterday its role was to protect employees' rights in their workplaces.
The lack of compensation for the woman, it added, deprived her of her statutory benefits, as the law provides.
In court documents however, FCBC charged that Mr Tan's decision was made on "grounds of illegality, irrationality and/or procedural impropriety".
Represented by lawyers Daniel Goh, Adrian Wee and Dominic Chan, it added that the ministry "failed to take into account or misunderstood" certain facts of the case. This included FCBC's values, and the "implied terms" of the woman's employment contract where sexual sin is grounds for termination.
But in its statement last night, MOM said that Singapore's system of governance is secular and "everyone has to abide by the laws of the land regardless of race, language or religion". Employment laws are one such area, it added.
"This was strictly a dispute between an employer and an employee, and MOM treated it as such. All organisations, whether they are religious or not, must abide by the same laws."
Church wants review of minister's order to compensate axed employee
By Toh Yong, The Straits Times, 2 Oct 2013
By Toh Yong, The Straits Times, 2 Oct 2013
THORNY questions of adultery, church and state are set to be aired in a rare High Court legal review being sought by one of the largest churches in Singapore.
The case involves a pregnant administrative worker at the Faith Community Baptist Church (FCBC) who was sacked last year after committing adultery.
She complained to the Ministry of Manpower (MOM) in September last year. In August this year, Acting Manpower Minister Tan Chuan-Jin decided she was "dismissed without sufficient cause". He ordered the church to compensate the woman's salary and maternity benefits of $7,000.
The church told The Straits Times that it plans to file papers today seeking a High Court judicial review of Mr Tan's decision.
A judicial review is when an applicant takes a public authority to court to seek redress of a particular decision over which the applicant feels aggrieved.
The church says it wants the case reviewed as it believes Mr Tan acted unconstitutionally in interfering with how the church manages its own affairs.
But this disclosure prompted the ministry last night to caution the church that it is embarking on a confrontational approach.
Such judicial reviews by a church are rare. The FCBC is believed to be the first religious body seeking a High Court review over how it conducts its affairs.
The church's senior pastor Lawrence Khong denied that he is putting the church on a confrontational path with the Government.
"What we are seeking is a clarification from the court on the parameters within which we operate as a church," he said.
"I hope that this experience will bring deeper understanding of one another and greater mutual respect."
Last night, the ministry said it will study the court documents when it receives them.
Expressing disappointment, an MOM spokesman said: "We live in a secular society where laws have been put in place to protect individuals while not depriving religious organisations and individuals of the space to carry out their practices."
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