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Mdm Chew Swee Hiang Case Study Essay

1138 Words5 Pages

The background of this case study involves the plaintiff, Mdm Chew Swee Hiang, who was teaching in Pei Hwa School – a Chinese language government-aided school. She was employed in 1957 and, subsequently, terminated on 24 may 1982 on the ground that she was medically unfit to perform her job as a teacher due to a loss of voice. Relative to this case, the plaintiff has commenced legal proceedings against the Attorney General of Singapore and the senior neuro-surgeon at Tan Tock Seng Hospital for damages for negligence. However, in regard to this report, the focus will be on the issue relating to employment status. The issue of the case was whether Mdm Chew Swee Hiang, the plaintiff, was employed by the Ministry of Education (MOE) or the Management Committee of Pei Hwa Primary School. The complication in establishing the employer-employee relationship in Mdm Chew’s case was due to the discrepancies between a government-aided school teacher and a government school teacher. First, although Pei Hwa was solely responsible for …show more content…

In today's context, the verdict of the case would differ as no person shall be appointed as a teacher in a Government-aided school, unless the appointment of the selected candidate is approved by Secretary of the Ministry of Education. Therefore, the admission and termination of teacher are controlled by the Permanent Secretary. Through the flow of time, there are more employment case laws in measuring and supporting the employee status. For instance, considering the factor on how the worker was selected as supported by the case of Motorola Ltd v Davidson (2001), MOE provided a detailed specification of the teacher, and the school made a selection based on that specification. As such, MOE may be considered as an employer due to the fact that it sees to the permission to employ a new teacher along with the minimum standards and

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