Faith Community Baptist Church 'sacked pregnant employee' case

Workplaces, labour laws must be kept secular: MOM

By Toh Yong Chuan, The Straits Times, 28 Aug 2013

WORKPLACES and labour laws have to be kept secular to preserve harmony, said the Ministry of Manpower (MOM) yesterday, explaining its decision to intervene in a dispute between a church and an employee fired over an adulterous relationship.

It said in a statement: "While each of us will have space to practise our religion, we have to preserve a common secular space for people with other beliefs, and employment is one of these secular spaces. Therefore, our employment legislation has to be secular.

"This is the only way all groups in Singapore can live in peace and harmony."

The remarks were the first from the ministry since The Straits Times reported last week that it had ordered the Faith Community Baptist Church (FCBC) to compensate its staff member.

MOM had rapped the church for sacking the woman without sufficient cause, but the church maintained that the dismissal was fair because the woman failed to meet its moral standards and refused to apologise or stop the relationship.

FCBC told The Straits Times last night that it had already made the payment. A church staff member said that a cheque for about $7,000 was delivered by hand to MOM yesterday with a note that the payment does not prejudice the church's rights under the law. He did not elaborate.

MOM said that it has received the cheque and it plans to pass it to the woman today.

Elaborating on its decision yesterday, an MOM spokesman said that the woman went to the ministry on Sept 15 last year after she was dismissed by the church. She based her complaint on a section of the Employment Act which bars employers from dismissing pregnant employees six months before their expected delivery date without just cause, as it would deprive them of their maternity benefits.

The woman, in her 30s, had worked in the church as an administrative clerk for six years and was seven months pregnant when she was sacked.

MOM said that it wanted to find an amicable solution through mediation and offered various options to the church and the woman. However, it said FCBC was "not prepared to make any offer to the female employee".

After mediation failed, MOM began a formal inquiry and both parties presented their arguments to the Commissioner of Labour. The case then went to Acting Manpower Minister Tan Chuan-Jin for a ruling.

"After considering the facts of the case and the circumstances in which the dismissal took place, the minister was satisfied that the dismissal was without sufficient cause, and, in July 2013, directed FCBC to pay compensation to the female employee," said the spokesman.

Compensate woman fired for adultery, church told
It sacked pregnant employee 'without sufficient cause', says MOM
By Toh Yong Chuan, The Straits Times, 20 Aug 2013

One of Singapore's biggest independent churches has been ordered by the Government to compensate a female church worker fired because of her alleged adulterous relationship.

The female employee at Faith Community Baptist Church (FCBC) had gone to the Ministry of Manpower (MOM) after she was sacked last September when the church found out she was pregnant with the child of another church employee.

The ministry said that it looked into the complaint and found that the woman was "dismissed without sufficient cause within six months of her delivery date".

The church did not give her the salary and maternity benefits she was entitled to under the Employment Act.

The Act protects an expectant mother from her fourth month of pregnancy.

If she is sacked without sufficient cause during this period, her employer must pay her maternity benefits.

In this case, Manpower Minister Tan Chuan-Jin directed the church to pay her about $7,000, including maternity benefits.

The woman was understood to have been about seven months pregnant when she was sacked.

The church refused to do so, claiming that its employees and members were expected to adhere to certain moral standards.

The impasse dragged on for nearly a year before the church finally relented after a discussion with MOM yesterday.

The 10,000-strong church's senior pastor, Mr Lawrence Khong, told The Straits Times that the woman's pregnancy was discovered last April.

"When we asked her, she admitted to having an affair with another colleague even before her divorce proceedings were final," said Mr Khong.

The woman, in her late 30s, handled administrative and coordination work for the church, while the man was a divorcee in his 50s. He was a colleague in the same department but has since resigned.

She could not be reached.

Mr Khong said the church was willing to let the woman, a church member, keep her baby and job.

But she had to apologise for her actions, attend counselling and end the relationship.

The woman attended some counselling sessions, but continued to see the man, the church said.

The pastor acknowledged that the woman's employment contract did not explicitly state that adultery was just cause for sacking. But he added that it is "something that all employees know".

Under the law, the minister can order an employer to pay maternity benefits and employers who refuse can be fined up to $10,000 and jailed up to one year.

Mr Khong told The Straits Times last night that the church will compensate the woman on MOM's orders, but it will be making it clear to the ministry that it will not concede that the dismissal was unjust.

"We are a church. If we concede that the dismissal was unjust, it means we are condoning adultery and it will weaken our moral and spiritual authority in the organisation," he said.

FCBC senior pastor Lawrence Khong on...

THE PREGNANT EMPLOYEE

When we asked her, she admitted to having an affair with another colleague even before her divorce proceedings were final.

THE DISMISSAL

We are a church. If we concede that the dismissal was unjust, it means we are condoning adultery and it will weaken our moral and spiritual authority in the organisation.

* Church gets green light to challenge minister's decision
By Selina Lum, The Straits Times, 30 May 2014

FAITH Community Baptist Church (FCBC) has been given the green light by the High Court to proceed with its bid for a judicial review of the Manpower Minister's order that it compensate a pregnant employee who was sacked for supposedly committing adultery.

This paves the way for the church - one of Singapore's largest, with a 10,000-strong congregation - to challenge Mr Tan Chuan-Jin's decision in a later hearing. No date has yet been set for the review hearing.

A judicial review may be requested of the High Court to evaluate the decisions of public authorities, but the party seeking the review must first get leave - or permission - from the court before the review can be convened. Without leave, the case will be thrown out.

Yesterday, Justice Vinodh Coomaraswamy, who had heard arguments earlier this month, granted leave to FCBC, represented by lawyers Daniel Goh, Adrian Wee and Dominic Chan.

In a statement, FCBC senior pastor Lawrence Khong said he was grateful that the church has been given leave to "seek clarification on the issue".

He reiterated his past statements that the church's objective was to seek guidance from the courts on its rights as a religious organisation to operate within its own parameters.

"We remain respectful of the authorities and acknowledge the Ministry of Manpower's efforts to protect our nation's workforce," said Mr Khong.

An Attorney-General's Chambers spokesman said that the AG, who had objected to FCBC's application for leave, will consider carefully whether to appeal.

The spokesman said, without going into detail, that in giving its decision today, the court had noted the threshold for leave was a low one although there was "some force" in the AG's arguments.

FCBC had argued the dismissal of an administrative employee for sexual misconduct contrary to its teachings was a religious affair and protected by the Constitution, which guarantees freedom of religion.

The AG took the position that the dismissal of an employee who was not a member of the clergy was not a religious affair.

The case concerns an administrative worker at the church who was fired in 2012 for her relationship with a divorced male colleague. The pregnant woman, who was undergoing a divorce, complained to MOM.

In August last year, Mr Tan, who was then Acting Manpower Minister, decided she was "dismissed without sufficient cause" and ordered the church to pay the woman's salary and maternity benefits of $7,000.

FCBC has made payment, albeit with a note that this did not prejudice its legal rights.

** Review of minister's decision: AGC appeals
Court had given church permission to challenge compensation order 
By Selina Lum, The Straits Times, 6 Jun 2014

THE Attorney-General is appealing against a High Court decision last week giving Faith Community Baptist Church the green light to challenge the Manpower Minister's order that it compensate a pregnant employee whom it had dismissed.

The administrative worker had complained to the Manpower Ministry after she was sacked by the church in September 2012 on grounds that she committed adultery and refused to repent.

Under employment laws, if a pregnant employee is fired within six months of her estimated date of delivery "without sufficient cause", her employer can be ordered to compensate her.

Manpower Minister Tan Chuan-Jin decided she was sacked "without sufficient cause" and ordered the church to pay the woman her salary and maternity benefits of about $7,000.

The church - one of Singapore's largest with a congregation of 10,000 - paid her but sought a judicial review of Mr Tan's decision, which it contends was a contravention of the Constitution.

A person can apply to the High Court for judicial review to evaluate the decisions of public authorities. Before the review can be heard, the party mounting the challenge must get leave - or permission - from the court.

Last week, Justice Vinodh Coomaraswamy gave the church permission to apply for judicial review.

On Wednesday, a spokesman for the Attorney-General's Chambers (AGC) confirmed to The Straits Times that it was appealing against the decision.

If its appeal is successful, the church's challenge of Mr Tan's decision will come to a halt.

The former employee of the church had a relationship with a divorced male colleague before her own divorce was finalised.

The church, represented by lawyers Daniel Goh, Adrian Wee and Dominic Chan, is invoking Article 15(3) of the Constitution which states that "every religious group has the right to manage its own religious affairs". It contends the dismissal of the administrative worker, whose sexual misconduct is contrary to its teachings, is a religious affair and, therefore, is protected by the Constitution.

The Attorney-General took the position that the dismissal of an employee, who was not a member of the clergy, is not a religious affair.

A chambers hearing has been set for next Wednesday to hear the AGC's application for leave to file an appeal.

*** Church backs down in battle with MOM
FCBC drops legal review of minister's decision on sacked pregnant worker
By Toh Yong Chuan, Manpower Correspondent, The Straits Times, 19 May 2015

A CHURCH that took the Ministry of Manpower (MOM) to the High Court over the sacking of a pregnant employee has backed down.

Faith Community Baptist Church (FCBC) said in a statement yesterday that it is dropping the High Court legal review because it now accepts the Manpower Minister's decision on the dismissal.

In 2013, the church fired the church worker because of her alleged adulterous relationship with another married church worker.

It did not give the woman, who was then in her late 30s, the salary and maternity benefits she was entitled to under the Employment Act.

The woman complained to the MOM and then Acting Manpower Minister Tan Chuan-Jin ordered the church to compensate her about $7,000.

The church paid up but subsequently took the case to the High Court to have Mr Tan's decision reviewed.

But yesterday, the church decided to withdraw its court application.

It said that it had initiated the High Court legal review to clarify "the boundaries under which a religious body such as FCBC is able to conduct its internal affairs in managing the organisation, subject to the applicable laws of the land".

It added that the court process has given it access to documents including Mr Tan's affidavit on the grounds of the decision, and it has since "come to understand and recognise the rationale/basis for the (Manpower) Minister's decision based on the specific facts of this case".

"As a responsible religious body/corporate citizen of this nation, FCBC accepts the minister's decision," it said.

FCBC noted that while the MOM takes the position that employment terms should be reasonable and should not govern the private lives of employees unless they relate to job performance, as a church it can include moral conduct in its terms of employment "in appropriate circumstances" when the conduct affects how workers perform in their jobs.

Besides issuing the statement on its website and Facebook page yesterday, the church also took the unusual step of buying advertisement space to publish its statement in full in The Straits Times and Chinese daily Lianhe Zaobao today.

The 10,000-strong church, headed by Pastor Lawrence Khong, is one of Singapore's largest independent churches.

Mr Khong, who is a pastor-magician, has attracted controversy in the past with his strong views on lesbian, gay, bisexual and transgender issues.

When contacted, the MOM said it welcomes the church's decision not to pursue the case.

"Since FCBC has accepted the minister's decision and has withdrawn its case, we consider the matter closed," said an MOM spokesman.

But the case holds a lesson for employers, said the ministry.

"MOM wishes to remind all employers of the importance of clearly communicating upfront to a prospective employee his or her obligations under the contract, which must be reasonable and relevant to the requirements of the job."

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