A rising number of business leaders have echoed concerns previously raised by tourism executive Fantasha Lockington regarding the need for transparency in the creation of employment laws. These concerns, related to the draft Employment Relations Bill, reappear two years after similar issues were highlighted by SunBiz.
The latest modifications to the draft have increased unease about the manner in which it was created, with Mrs. Lockington alleging that business owners and their representatives were not consulted prior to its formulation. This recent challenge, brought to attention by the CEO of the Fiji Hotel and Tourism Association, unveils a secretive approach that sought to minimize the influence of business leaders represented in the Fiji Commerce and Employers Federation.
“We received a draft Bill unexpectedly yesterday afternoon (Monday, October 15) that includes new provisions,” stated Mrs. Lockington, referring to the most recent fourth draft. “The whole process should focus on consultation, not mere submissions. It wouldn’t have mattered if we had submitted our opinions because they already had the draft prepared. They are meant to discuss changes with us, but it seems they wanted to avoid justifying each modification.”
Mrs. Lockington, leading this advocacy over two years after manufacturer Mike Towler initially expressed similar concerns, noted the government’s lack of action. Towler criticized the ministry for its inaction, stating, “It is the ministry that has been delaying progress rather than the Fiji Commerce and Employers Federation. If FCEF were responsible for the holdup, Mrs. Lockington would not be publicly calling attention to the ministry’s failures in addressing negotiations related to changes in the Employment Relations Act.”
He also claimed the government has been neglectful in resolving the controversial process involving adjustments to the national minimum wage and the sectoral wage council increases. The Employment ministry, however, maintains its commitment to “promoting inclusive good-faith dialogue” regarding the review of the Employment Relations Act. Minister Agni Deo Singh insisted that the ministry is engaging actively with its tripartite partners, including the Fiji Commerce and Employers Federation and the Fiji Trades Union Congress, in accordance with International Labour Organisation standards.
Yet, Mr. Towler challenged this assertion. “The Ministry of Employment is the one acting in bad faith, not the Fiji Commerce and Employers Federation,” he insisted. Officials Singh and media liaison officer Elina Vuniwa were unavailable for comment due to being out of the country.
Towler also criticized the ministry for its handling of the Employment Relations Act review and urged Minister Singh to separate his former union affiliations from his current responsibilities. “Has he forgotten that he is no longer a union representative? He is now a minister and must behave accordingly. It is time for him to resign or be replaced by someone qualified to perform ministerial duties rather than just acting like a shop steward.”