Concerns Rise Over Unfinished Business in Fiji’s Employment Relations Act

Lawyer Jon Apted has expressed concerns regarding the drafting process of the proposed Employment Relations Act (ERA), asserting that it has been less than ideal. Speaking at the BSP Life Fiji Human Resources Institute annual convention, Apted pointed out that the latest draft of the ERA Amendment Bill still contains many unresolved issues. He noted that an updated version of the Bill was shared following a meeting of the Employment Relations Advisory Board, but the consultations did not provide a comprehensive report on the feedback received.

Apted emphasized the importance of a fair consultation process, indicating that stakeholders have not had ample opportunity to engage with the proposed changes. He expressed skepticism about the current draft, suggesting that it does not adequately reflect the needs of all employers and workers. Furthermore, he detailed the next steps for the Bill, which include review by the Solicitor-General’s office before it advances to Cabinet and Parliament.

This article echoes sentiments shared in previous discussions about the ERA amendments, where legal experts and business leaders raised similar concerns regarding the lack of thorough stakeholder engagement. Notably, representatives from the Fiji Commerce and Employers Federation and the Fiji Hotel and Tourism Association have cautioned that the proposed amendments could burden small and medium enterprises (SMEs) with significant penalties, complicating their operational viability.

Acknowledging these challenges, Employment Ministry deputy secretary Atish Kumar remarked that Apted may have utilized an older version of the Bill. This reflects ongoing debates surrounding the consultation and legislative review processes that involve various stakeholders, including government and business representatives.

The conversation around the Employment Relations Act is indicative of larger discussions about balancing regulatory frameworks with the realities of business operations in Fiji. There is hope that constructive dialogues can lead to reforms that protect workers’ rights while fostering a suitable environment for business growth, ensuring a robust and resilient economy for all Fijians.