Lawyer Jon Apted has raised significant concerns regarding the proposed Employment Relations Act (ERA) legislation, particularly the stipulation that a strike cannot occur if a dispute is not reported. Speaking at the BSP Life Fiji Human Resources Institute annual convention in Nadi, he emphasized the importance of reporting disputes as mandated by law, despite resistance from the Ministry of Employment in accepting such reports.
Apted noted a troubling new provision that bars employers from reporting disputes after a strike ballot is taken. He argued that this creates a precarious situation where unions could potentially call for a strike without allowing for dispute resolution, placing employers at a disadvantage. He plans to address these issues with Atish Kumar, the deputy secretary of the Ministry of Employment, as the drafting of the Bill continues.
These concerns align with ongoing criticisms regarding the drafting process of the ERA, which has been characterized by inadequate stakeholder engagement. Similar sentiments were echoed by representatives from various business sectors, including the Fiji Commerce and Employers Federation and the Fiji Hotel and Tourism Association, who have cautioned against the potential burdens on small and medium enterprises (SMEs) stemming from the proposed legislation.
There remains hope that continued dialogue among all stakeholders could lead to a revised ERA that considers the needs of both employees and employers, fostering an equitable labor environment in Fiji. Such collaboration could ultimately lead to a robust economic setting that benefits all parties involved.
Leave a comment