Under the Work Injury Compensation Act (Cap. 354) (WICA), “accidents arising out of and in the course of employment that occur outside Singapore are covered under the WICA where (a) the employee is ordinarily resident in Singapore; (b) the employer is based in Singapore; and (c) the employee is required in the course of his employment to work outside Singapore.” The article “Compensation for death on work trip” published by the Straits Times on 6 September 2011 demonstrates the contentious issues that typically arise when fatalities arise on work-related trips. As such, we recommend that corporations operating in Singapore be fully aware of their potential liability to their employees arising under the WICA.
In this instance, the employee in question represented his firm at an anniversary dinner in Cambodia, but was found dead in his hotel room the next day. The lower court held that the death was not to be covered under WICA as there was no evidence to suggest the employee did actual work during the trip. The High Court ruled that the trip constituted employment, as it was sanctioned by the employer. The death was concluded to be an accident that happened in the course of employment, which made compensation payable under the WICA, thereby evidencing the government’s commitment to keep pace with changing realities as more Singaporeans travel abroad for work.
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