05/06/2026
Lawyers said there can be grounds for seeking legal recourse if the worker is dismissed because he declines to reapply for the overseas role.
This depends heavily on the facts of the situation and the terms of the employment contract, said lawyer Nicolas Tang, managing director of Farallon Law.
A substantial unilateral change to the place of work, especially if an overseas relocation is required, could be a breach of contract, he said.
“Relevant considerations would include whether the employment contract contains a mobility or relocation clause, whether the relocation is reasonable and genuinely necessary, whether alternative arrangements were offered, and whether the employee was effectively pressured into leaving,” he said.
Employers need to exercise caution in how such exercises are implemented, said Mr Tang.
“If the process appears designed primarily to avoid retrenchment obligations or place indirect pressure on employees to resign, it may expose the employer to wrongful dismissal or constructive dismissal allegations,” he said.
Some employers take this approach in order to avoid the optics of a retrenchment, say manpower experts.