FCs take collective legal action against NTUC Income

[Baal]

http://www.tremeritus.com/2014/03/14/fcs-take-collective-legal-action-against-ntuc-income/

 

 

FCs take collective legal action against NTUC Income

 

 

March 14th, 2014 | Author: Editorial

NTUC Income FCs outside the High Court last year when they filed an application against their union SIEU.

A total of 38 NTUC Income financial consultants (FCs) are currently taking a civil suit against their company NTUC Income.

Last October, the High Court dismissed an application filed by 3 of the FCs against their union, the Singapore Insurance Employees’ Union (SIEU) (‘Judge dismisses application by NTUC Income FCs‘).

 

The 3 FCs had earlier filed the application against SIEU for failing to represent their interests (‘Union members go to court when union fails to represent their interests‘). The action of the 3 FCs had the support of 141 other FCs in NTUC Income (‘141 union members behind court application against their union‘).

 

The FCs actually spent more than a year trying to seek redress for their grievances through many channels, including appealing to MPs, Ministers and NTUC secretary-general Lim Swee Say, and writing to PM Lee, before filing the High Court application.

In particular, the FCs wanted the High Court to order SIEU to refer a dispute with their employer, NTUC Income, to the Industrial Arbitration Court (IAC) for a resolution, as under the Industrial Relations Act, only the union or the employer can refer disputes to IAC.

 

 

A total of 38 FCs taking collective civil legal action against NTUC Income this time.

The FCs’ lawyer felt that the their High Court application was dismissed based entirely on a technicality of the law. However, in dismissing the FCs’ Originating Summons, the High Court Judge, Justice Choo Han Teck, said that his judgement would not prejudice the FCs’ rights to commence civil proceedings against NTUC Income or the union in future.

 

Last month on 20 February, 4 of the FCs representing another 34 did precisely that. They regrouped and filed a Writ of Summons and Statement of Claim in High Court to proceed with a civil suit against NTUC Income. This is a group representative action. The first Pre-Trial Conference has been fixed on 28 March two weeks from now.

 

Many of the FCs are with NTUC Income for decades. They alleged that their employer, NTUC Income unilaterally and arbitrarily terminated their employment contract without due retrenchment benefits and compensations. The FCs further alleged that this was done in duress, under the guise of transfer and change of employment status to that of an independent contractor with massive cuts in benefits. The FCs also alleged that they were forced to sign the new independent contractor agreement or they would not be allowed to continue to sell insurance products for NTUC Income.

 

At no time did NTUC Income sit down with the union or the FCs to negotiate the terms of this move which greatly impacted the livelihoods of the more than 660 NTUC FCs. On SIEU, the union side, it was also unhelpful. No voting was conducted to get the general consent from FCs if they wanted to change their employment status. Ironically, SIEU is affiliated to NTUC itself.

Once the independent contractor agreement was signed, the FCs lost the benefits they previously enjoyed when they were employees. This included the right to collective bargaining and union protection, as well as retrenchment and leave benefits.

 

 

Lawyer & MP Hri Kumar Nair

 

 

In this particular civil proceeding, NTUC Income has engaged Drew & Napier LLC,

one of the largest law firms in Singapore to help defend them. Representing NTUC Income is none other than Mr Hri Kumar Nair [Link], who is also the MP of Bishan-Toa Payoh GRC. The FCs, on the other hand, is engaging Peter Low LLC to represent them.

The spokesperson for the FCs and one of the plaintiffs, Phillip Lim, told TRE:

 

 

“The 660+ Income FCs have served the insurance cooperative for the better part of their working lives. So to be suddenly stripped of our employment contract status and have it replaced with an independent contractor contract without the due process of negotiations and agreement with the SIEU and FCs is most unbecoming and coercive.

This is especially so, coming from a NTUC linked cooperative who is supposed to safeguard and further the rights of the Singaporean worker. As such we are only seeking fairness, equity and justice for us to find closure and move on. We hope justice can be served.”

 

 

Mr Lim also told TRE that in addition to the 38 FCs currently taking the collective legal action against NTUC Income, there are at least 100 more giving them the moral and financial supports. The rest did not want to surface as they are younger and still need to continue to work in the financial industry.

 

 

 

 

[Hamburger]

will those names listed be banned from going NTUC Fair Price to buy groceries?

[Jman888]

will those names listed be banned from going NTUC Fair Price to buy groceries?

 

still allow bit no discount no loyalty point

[Hamburger]

still allow bit no discount no loyalty point

 

ah siong, giant....here i come

[Rncw]

will those names listed be banned from going NTUC Fair Price to buy groceries?

 

can go sheng siong....

[The_Bear]

Why do we still have NTUC btw? It has outlived it's usefulness. Is it still relevant at all?

[Jokerd]

SIEU doesn't want to fight bigger brother NTUC so sacrifice it's members instead

[Mustank]

Wah!!! How dare these puny little agents go against the biggest insurance giant in our land!!!

 

They should kneel down and thank the giant for giving them a job!!!

[Mcf777]

I never like aunty lucy. Cxxk company.

 

Thier in.house client data system n management damn sucks.

 

With a few click, u can easily find others people information in their website.

 

Few more months going to withdraw two endowment policy from them. Times flies. 20yrs already.

[Icedbs]

I say this case will eventually settle out of court.

[Baal]

will those names listed be banned from going NTUC Fair Price to buy groceries?

To be honest, 1 area their shops prob still relevant is their housebrand.

 

House brand 3 ply toilet roll, housebrand wholemeal bread, housebrand "Gold" coffee, housebrand "peanuts" which give those established brands a fair run for the $.

 

Now if they would have NTUC housebrand ciggy.....

[Tigerwoods]

Wah even NTUC chief also Bo chup.

Now I know .... Never Trust Ur Chief of whatever he says.

To be honest, 1 area their shops prob still relevant is their housebrand.

 

House brand 3 ply toilet roll, housebrand wholemeal bread, housebrand "Gold" coffee, housebrand "peanuts" which give those established brands a fair run for the $.

 

Now if they would have NTUC housebrand ciggy.....

Many times house brand is more expensive than branded when there is offer.

[Baal]

Wah even NTUC chief also Bo chup.

Now I know .... Never Trust Ur Chief of whatever he says.

Many times house brand is more expensive than branded when there is offer.

hmm.......i usually take housebrand blindly......

 

on a couple of occasions, i did note that when branded was on offer, it was cheaper.

 

......i kana con again........

[Tigerwoods]

hmm.......i usually take housebrand blindly......

 

on a couple of occasions, i did note that when branded was on offer, it was cheaper.

 

......i kana con again........

Like Bavarian posted, this union is no longer relevant and had overstayed it's existence.

The chief was the first to come out rejecting LCY wage shock therapy... That speaks volumes of this guy of what he stands for. Union chief yes but heart left in ivory tower.