Man wrongfully terminated by ex’s company, awarded S$80,000 of unpaid salary after winning lawsuit
A man who dated his boss has been awarded S$82,000 in unpaid salary after the court ruled he was wrongfully terminated, despite his employer arguing he had taken excessive leave and barely worked.
The ruling, delivered on 6 Sept, found that the company, Gen-Y (S), a distributor for medical devices, breached its employment contract and failed to pay him for six months, reports Channel News Asia (CNA).
Man dates boss before being hired by company
According to court documents, Mr Bojan Trivic met Gen-Y (S) founder and director, Ms Xue Yan, in Feb 2022 while enrolled in INSEAD’s Global Executive MBA programme.
By June, the pair were dating, and in Aug 2022, Ms Xue invited him to move in with her and her son.
That same month, she offered him the role of Business Development Director, with a guaranteed 12-month contract and a monthly salary of S$12,000 plus a $100 phone allowance.
Source: Radission US on Canva, for illustrative purposes
Salary cut in half, then stopped completely
As he commenced his employment on 8 Aug 2022, his salary was pro-rated to S$9,469.56, said Mr Trivic’s lawyers.
He then received his full salary in Sept 2022. But from Oct onwards, his pay was suddenly slashed to about half — S$6,100 — without his consent.
By Dec 2022, he stopped receiving a salary altogether. The situation reoccurred from April to Aug 2023.
In total, he was paid only S$51,800, when his contract entitled him to about S$134,000.
Source: ronnachaip on Canva, for illustrative purposes only
According to Mr Trivic’s lawyers, the relationship broke down in Jan 2023. Following a heated argument that left him with physical injuries, Mr Trivic took two weeks of hospitalisation leave.
That same month, Ms Xue sent him an email, reducing his pay to S$6,000 on the grounds that his assistance in a potential merger and acquisition project was no longer needed.
The next month, she informed him via email that he would be “leaving the company end of this month”, which Mr Trivic took as a notice of termination.
Mr Trivic sued for S$97,427, representing his unpaid salary shortfall and 2022’s annual wage supplement.
Company says plaintiff was rarely in office
Gen-Y’s defence claimed Mr Trivic’s contract was “project-specific” and that he drafted the contract himself.
They accused him of taking excessive unpaid leave without notice, pointing to periods where he allegedly worked as little as six days in a month.
They also argued that he did not contest the reduced salary but had replied he would “find a company somewhere else”.
In response, Mr Trivic said leave requests were unnecessary since he was in a relationship with Ms Xue and lived with her.
He added that she had invited him on overseas trips, which she later cited as reasons to dock his pay.
He argued that under his contract, salary reductions required mutual written consent, which he never gave.
Source: Wesley Tingey on Canva, for illustrative purposes only
Judge rules in plaintiff’s favour
The judge dismissed the company’s claims, pointing out that the contract made no mention of project-specific employment. Additionally, testimonials from other employees showed how Mr Trivic had contributed to the company.
The defence also failed to establish that Mr Trivic had breached the unpaid leave clause in his contract, saying there was no evidence he was warned about exceeding the 30 working-day limit.
As they lived together, Ms Xue had been aware of Mr Trivic’s absences, and they were seen travelling together to Dubai, Phuket, and Abu Dhabi.
An HR employee also confirmed he wasn’t even added to the company’s leave-tracking chat group,
The court ruled that Mr Trivic had been wrongfully terminated without the required two months’ notice, and that Gen-Y failed to honour the 12-month contract.
The company’s counterclaims were thrown out, and Mr Trivic was awarded S$82,000 in unpaid wages.
Also read: Worker Quits S’pore Company, Complains About Lack Of Bonus & Stingy Boss In Resignation Letter
Worker Quits S’pore Company, Complains About Lack Of Bonus & Stingy Boss In Resignation Letter
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