At TSMP Law Corporation, our commitment to stewardship is more than a mere corporate mandate; it is a profound calling. We believe that access to justice should never be a privilege reserved for those with deep pockets, but rather a fundamental right extended to the most vulnerable members of our society.

That dedication bore fruit in a significant legal victory that underscores our unwavering support for migrant worker communities and the integrity of Singapore’s employment laws.

We are immensely proud to announce that Partner Melvin Chan, who leads our pro bono work at the firm, and Senior Associate Amelia Tan, from our employment and labour practice, have secured a landmark High Court ruling for Mr Gena Hulash Ram. After a grueling two-year legal struggle against his former employer, Lim Joo Huat Enterprise, the High Court overturned a lower tribunal’s decision and reinstated Mr Gena’s full claim of $5,711.11 for unpaid overtime.

The dispute centred on Mr Gena’s employment as a packer between December 2022 and August 2023. While his $1,500 monthly salary included a $300 “others” allowance, his employer argued this sum functioned as a flat rate covering all overtime, regardless of hours worked.

Although a lower tribunal initially acknowledged Mr Gena’s entitlement to overtime, the magistrate permitted the employer to offset these costs against the $300 allowance. This meant Mr Gena only received additional pay when his hourly overtime exceeded $300.

 

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This case addressed a critical point of law regarding unlawful salary practices that affect many in our community. The dispute centred on whether an employer could use a fixed monthly allowance to offset or cap overtime pay—a practice the employer defended as being administratively convenient.

High Court Justice Philip Jeyaretnam disagreed, providing much-needed clarity on the Employment Act by ruling that fixed monthly allowances cannot include or subsume overtime payments. The judge warned that allowing such offsets would effectively and unlawfully reduce a worker’s declared overtime rate, affirming that every employee must be paid based on actual hours worked, regardless of any internal contractual agreements an employer might attempt to impose.

In his judgment, Justice Jeyaretnam commended the efforts of the TSMP team, noting that acting pro bono for clients who would otherwise be unable to afford legal representation exemplifies the best traditions of the Bar.

For Melvin, the motivation was simple. He told The Straits Times: “If lawyers don’t help, then who will?” He noted that some employers leverage the high cost of legal representation to discourage workers from pursuing legitimate claims. By taking on this case, TSMP has sent a clear signal that such practices will not go unchallenged.

This victory was made possible through our close and enduring partnerships with migrant worker NGOs, including Transient Workers Count Too (TWC2) and Humanitarian Organization for Migration Economics. It serves as a powerful testament to how our corporate purpose, which mandates at least 25 hours of pro bono work per lawyer, carries real weight and tangible impact in practice.