The Fiji Hotel and Tourism Association (FHTA) has expressed significant concerns regarding Section 75A of the proposed Employment Relations Amendment Bill, warning that it could create confusion and legal risks for employers. Chief Executive Fantasha Lockington highlighted that the harassment provisions in the bill are vague and inconsistent with existing laws under the Human Rights and Anti-Discrimination Commission Act. She emphasized that these ambiguities leave businesses uncertain about what constitutes unlawful conduct.
Lockington pointed out the substantial breadth of the proposed harassment definitions, which encompass verbal, physical, and visual harassment, and raised alarms about the potential for subjective claims that could mischaracterize standard workplace interactions as illegal behavior. She called for the law to clearly define reasonable steps that employers are expected to take in preventing, investigating, and addressing harassment issues.
Fiji Commerce and Employers Federation (FCEF) Board Member Sandeep Chauhan echoed these sentiments, describing the proposed provisions as poorly drafted and urging the government to reconsider them. Both organizations assert that the amendment must create a balance—ensuring safe workplaces while preventing legal uncertainty that could erode business confidence.
This issue is particularly significant given the broader context of the Employment Relations Amendment Bill, which has raised fears about the potential for excessive power being granted to labor officers, including the ability to impose severe penalties on non-compliant businesses. Critics, including FHTA and FCEF, have indicated that such measures could disproportionately impact micro, small, and medium enterprises, which make up a considerable portion of employment in Fiji.
As discussions continue, there remains hope that constructive dialogue between all stakeholders—including employers, government officials, and labor representatives—can lead to an equitable framework that protects workers’ rights while fostering business sustainability and economic growth in Fiji. By prioritizing transparency and collaboration, there is an opportunity for reforms that can create a safer and more productive work environment without compromising the viability of businesses.
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