The Employment Relations Court has mandated that Nands Pratap Joint Venture Pte Ltd must deduct union fees from its employees’ salaries and remit them to the Construction Energy and Timber Workers Union of Fiji. Resident Magistrate Mary Motofaga emphasized the importance of good faith in employer-worker relationships, stating that employers must facilitate union participation rather than obstruct it.
According to Magistrate Motofaga, the obligation to act in good faith extends beyond collective agreements and includes individual employment contracts. She highlighted that workers have a constitutional right to join trade unions, and employers’ refusal to process union subscriptions could dissuade employees from joining unions, jeopardizing the integrity of employment laws in Fiji.
Magistrate Motofaga noted that there was no evidence to suggest the employer employed intimidation tactics to dissuade employees from union membership or threatened termination for joining.