Question 1

Bobby met with a road traffic accident caused by the negligence of Ali, a driver from Gogo Company whilst being conveyed to work. His transport was arranged by his employer, AXS Pte Ltd, a construction company which was insured by Safe Insurance Company. AXS filed an I-Report (Work Injury Compensation Claim-WICA) and the case was registered and MOM assessed the claim. Meanwhile, AXS, the employer also paid a sum of $40,000 for Bobby’s medical expenses when he was warded at the hospital and paid his medical leave wages whilst he was on medical leave.

(a) MOM assessed Bobby’s case and awarded $45,000 for his work injury claim. Bobby is dissatisfied with the work injury claim assessment. Discuss the different forms of objections he can raise before the Commissioner for Labour.

(b) Besides Bobby, can the employer or insurer raise any objections to the injury claim? If yes, describe them.

(c) Unhappy with his WICA claim, Bobby decides to withdraw from the WICA claim. He wants to pursue a Common Law claim instead and approaches you to explain the main differences between a WICA claim and a Common Law claim. Briefly advise him on the differences.

(d) Assuming Bobby withdraws the WICA claim and now proceeds with a Common Law action (road traffic accident claim) against Ali (third party driver) who caused the road traffic accident. Bobby now claims the medical expenses of $40,000 which had already been paid by his employer as damages in the belief that his employer will recover this sum from him as a “loan” or “advance”. Analyze whether Ali (third party) or his insurer can raise any objections to this claim of damages by Bobby.

Question 2

ABC Logistics Pte Ltd is a Singapore registered company and you have been recently appointed as the Manager and Supervisor of the logistics and transportation supply chain. As you are aware, there are different stakeholders involved in the logistics and transportation operation supply chain. Each stakeholder has different responsibilities in keeping their work and workplace safety.

(a) Illustrate and describe briefly some of the roles and responsibilities of the following stakeholders in the logistics and transportation operation chain:

(i) Employer

(ii) Driver and /or loading crew

(b) Examine some of the common hazards in logistic operations such as during the loading, unloading, and transport of goods. List some of the recommendations to prevent such hazards.

Question 3

Robot Pte Ltd manages a warehouse and stores sand packs. The sandbags are transported by Robot’s employee using a forklift to stack them up in the warehouse. Bobby, an operator, while stacking the sandbags, accidentally struck the side of some packed sandbags while operating the forklift. This punctured some bags from the lower stack, causing the sand to spill out. Bobby alighted and attempted to seal the torn bags. While sealing the torn bags, the upper stack of sandbags toppled down onto him. He was extricated from the toppled load but pronounced dead on the spot by the paramedics.

Figure Q3 indicates the 2 stacks of packed sandbags that had toppled onto the forklift operator (photo from MOM website).

(a) List out and explain at least FIVE (5) recommendations that you will consider to prevent such an incident again.

(b) As this was classified as a fatal accident, Robot Pte Ltd reported the case immediately to the Ministry of Manpower. Within hours, inspectors from the Ministry arrived at the warehouse of Robot Pte Ltd. The company wants to know what are the general powers of the inspectors as provided by the Workplace Safety and Health Act.

Question 4

(a) From 1 April 2019, the Employment Act is amended to include various changes and coverage. Appraise at least THREE (3) main changes to the Employment Act that comes into force from 1 April 2019.

(b) Briefly explain the reasons for the recent changes to the Employment Act.

(c) Andrew works as head cashier at a franchise outlet in Yishun and earns $2,500 per month. On 2 April 2019, his employer decided to dismiss him because he called his employer and reported sick and sent them a medical certificate issued by Yishun Polyclinic instead of the Company’s panel of doctors. The Company only accepts the Company doctor’s medical certificate. Advice Andrew about his rights under the Employment Act.