An increasing number of business leaders are echoing the call made by tourism executive Fantasha Lockington for greater transparency in the drafting of employment laws. This renewed concern is tied to the draft Employment Relations Bill, following a similar outcry from business leaders two years ago when the initial issues were first brought to light by SunBiz.
Recent amendments to the draft have sparked further unease regarding the manner in which the legislation was prepared. According to Lockington, the process lacked proper consultation with business owners and their representatives. The issue was highlighted by the chief executive officer of the Fiji Hotel and Tourism Association, bringing attention to what appears to be an effort to silence business leaders involved with the Fiji Commerce and Employers Federation.
“We received the latest draft Bill just yesterday (Monday, October 15) without any prior notification, and it includes new provisions,” Lockington expressed about the recent fourth version of the document. “The entire process should involve consultation rather than simply accepting submissions. It would have made little difference for us to submit feedback since they had already prepared the draft.”
She emphasized that there should have been discussions, rather than a lack of transparency that seemed to avoid justification for the changes made.
Lockington’s stance is notably courageous, considering the concerns raised over 24 months ago by manufacturer Mike Towler. Towler criticized the ministry for delaying the process and implied that if the Fiji Commerce and Employers Federation was responsible for the holdup, Lockington would not publicly criticize the ministry for its inaction regarding amendments to the Employment Relations Act. He also pointed out that the government had yet to address the illegal process used to raise the national minimum wage and sectoral wage council adjustments.
In response, the Employment Ministry asserted its commitment to promoting sincere dialogue regarding the review of the 2007 Employment Relations Act. Minister Agni Deo Singh stated that the ministry has been consulting with its partners, the Fiji Commerce and Employers Federation and the Fiji Trades Union Congress, in line with the International Labour Organisation’s guidelines on tripartite consultations.
Towler challenged this assurance, claiming that it is the Ministry of Employment that is acting in bad faith, rather than the Fiji Commerce and Employers Federation. He noted that both Singh and the ministry’s media liaison officer, Elina Vuniwa, are currently out of the country and unavailable for comment.
Towler also questioned the ministry’s competence in addressing the Employment Relations Act and urged Singh to separate his current responsibilities from his past union affiliation. “Has he forgotten he is no longer a union representative? He needs to act as a minister now,” Towler said, adding that it may be time for Singh to resign or be replaced by someone more qualified for the ministerial role.