Gay man loses case claiming wrongful dismissal

SINGAPORE — A former Robinsons employee, who came into the media spotlight after he sought a court declaration that workplace discrimination against gays was unconstitutional, yesterday exhausted his legal avenues for what he claimed was wrongful dismissal by his former employer.

The highest court of the land upheld a High Court ruling on the case last December and dismissed Mr Lawrence Bernard Wee Kim San’s bid to claim an unspecified amount in damages for constructive dismissal, ruling that his claim was without basis. Mr Wee, 40, was also ordered to pay S$20,000 in legal costs.

The suit arose after the former manager at Robinsons department store quit his job in August 2012.


Although he was given four months’ salary in lieu of notice — the terms of his contract only stipulated a payment of two months’ salary in lieu of notice — as well as cash for his unconsumed annual leave, Mr Wee claimed that it was a case of constructive dismissal as his former boss had harassed him into leaving the job because he did not agree with his homosexuality.

Constructive dismissal occurs when an employer makes life so difficult that an employee is, in effect, forced to resign.

Four months after his resignation, Mr Wee filed for damages against his employer.

However, Robinsons denied any bias, unfair treatment or persecution by anyone at the store, or that Mr Wee faced difficulties or threats when he wanted to leave the company.

While this civil suit was ongoing, Mr Wee sought a declaration from the court last August that Article 12 of Singapore’s Constitution, which provides for the equal protection of the law, prohibits workplace discrimination of homosexual men.

A High Court assistant registrar struck out the case after finding that it was without merit.

Mr Wee filed an appeal against this decision, but withdrew it last month.


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What about brain structure due to hormonal exposure? - See more

It is known that disruption to hormonal dominance during prenatal brain development period can lead to a transsexual child (i.e. one born with the body and chromosome of a particular sex [which is fixed during the first 9-12 weeks] while with the brain of the opposite sex [which only starts developing after the 12 weeks of gestation]). Earlier disruption of hormones could lead to physical intersex condition where the genetalia is somewhere between male and female (and those individual have very specific gender identity regardless of their body and undefined genetalia). Transsexualism is this an intersex condition confined to the brain.

So could homosexual simply be a milder form of brain-intersex condition too where only the sexual orientation part of the brain was affected.



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