Lessons on Statutory Interpretation – Chua Qwong Meng v. SBS Transit Ltd [2022] SGHC 208 (the “SBS Transit Case”)

Case summary

The Plaintiff, Chua Qwong Meng, was a former SBS Transit bus captain (“Chua”) who claimed that SBS Transit Ltd (“SBS”), the Defendant, had breached the provisions of the Employment Act (Cap 91.)(“EA”), the terms and conditions of a collective agreement entered between SBS, the National Transport Workers’ Union, as well as his employment contract.

Chua asserted that SBS committed the following breaches:

(a) Requiring Chua to work for seven consecutive days before granting a rest day; and that SBS failed to compensate him for work performed on a rest day.

(b) Requiring Chua to work more than 8 hours a day or 44 hours a week by rostering overtime and incorporating built-in overtime into the employment contract.

(c) Imposing mandatory built-in overtime hours (i.e. additional 4 hours in a work week).

(d) Underpaying overtime.

(e) Failing to compensate for work Chua had performed on a public holiday.