Concerns have been raised about the legal clarity of the proposed Work Care Bill during a recent consultation session in Suva. Jon Apted, a lawyer for the Fiji Commerce & Employers Federation (FCEF), emphasized ambiguities in the bill concerning compensation claims, questioning if the Ministry of Employment would cover claims taken to court under common law. Currently, workers or their dependents can opt for a workmen’s compensation claim or pursue a common law claim, with the latter often resulting in significantly higher damages, but requiring proof of fault.

Apted pointed out that many provisions in the draft regulation seem to stem from prior regulations governing the Accident Compensation Commission (ACCF), which he noted were poorly drafted. There remains uncertainty about whether the ACCF would be responsible for paying common law damages. His critical question to the ministry was whether it would accept liability for defending claims of common law negligence and if this was factored into the allocation of funds.

Historically, defending the common law damages could lead to substantial expenses for employers. Apted cited a past case involving a pilot, which cost $1.4 million fifteen years ago, highlighting how cases involving young, promising individuals today could be even more costly.

This discussion is part of a broader context where public consultations on the Work Care Bill and the Employment Relations Act are ongoing throughout Fiji. Previous consultations indicated that local business leaders have expressed supportive yet cautious stances towards proposed reforms, fearing unresolved bureaucratic processes and backlogs of compensation cases remaining from the ACCF.

The Bill aims to streamline the compensation process and create a “no-fault” system to enhance clarity and efficiency for employers and employees alike. With 14,000 unresolved compensation cases being passed from the ACCF to the Ministry of Employment, this is seen as a pivotal moment for ensuring that cases are managed effectively moving forward.

Positive developments stem from the ongoing dialogue between stakeholders, reinforcing the hope that legislative adjustments can establish a more equitable framework that balances worker protections with business stability. As these consultations continue, there is a hopeful outlook for legislation that addresses both the needs of employees and the concerns of employers, paving the way for a robust economic environment in Fiji.