Uchendu v Smec International Pty Limited & another (Employment and Labour Relations Cause E153 of 2023) [2023] KEELRC 2847 (KLR) (9 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2847
- Citation
- [2023] KEELRC 2847 (KLR)
- Decided
- 9 November 2023
Summary at a glance
TypeEmployment and Labour RelationsPostureRespondents filed a preliminary objection based on clause 17 of the letter of appointment.CoramBOM MANANI
The court dismissed the preliminary objection as the parties agreed the contract was governed by Singapore law and disputes would be adjudicated in Singapore courts. The court did not invalidate the choice of forum clause.
Facts
The claimant, Uchendu, alleges unfair termination by the 1st respondent, Smec International Pty Limited, under the guise of operational requirements. The respondents argue the case should be dismissed as it was filed in a court with no jurisdiction due to the choice of Singapore law and Singapore courts for dispute resolution.
Issues
- Jurisdiction of the Employment and Labour Relations Court
- Choice of Law and Forum Clause
Reasoning
The court found the contract was governed by Singapore law and the parties agreed to Singapore courts for dispute resolution. The court did not invalidate the clause as the claimant did not present evidence of undue influence or coercion.
Outcome
The preliminary objection was dismissed.
Authorities cited
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