Concerns surrounding the new enforcement powers proposed for labor officers in the Employment Relations Bill No 27 of 2025 have escalated, with the Fiji Hotel and Tourism Association (FHTA) warning that the legislation could infringe on constitutional protections and lead to potential abuses of power. Chief Executive Officer Fantasha Lockington voiced these concerns during a presentation to the Standing Committee on Economic Affairs, emphasizing that the powers granted to labor officers may surpass those typically held by law enforcement.
Lockington highlighted that labor officers would not require a warrant to seize property, contradicting normal legal protocols regarding unreasonable search and seizure. This raises serious questions about the intended checks and balances in law enforcement’s role within the executive branch of government. She argued that enforcement powers must be governed by clear safeguards, judicial oversight, and accountability measures.
One significant concern raised is the unrestricted access labor officers would have to various workplaces, potentially disrupting business operations and creating an unpredictable work environment. Lockington pointed out that this proposed criminalization of non-compliance with labor directives assumes the infallibility of labor officers, disregarding the nuanced nature of compliance scenarios and the possibility of erroneous actions by the officers themselves.
These concerns resonate with similar apprehensions voiced by the Fiji Commerce and Employers Federation (FCEF), which has long warned that the powers granted to labor officers could lead to potential legal uncertainties and a risk of corruption. The call for accountability and adherence to a balanced legal framework has been echoed by both the FCEF and FHTA, urging the government to reconsider the provisions that could unduly burden micro, small, and medium enterprises (MSMEs) in Fiji.
The proposed legislation comes at a time when the economic landscape in Fiji calls for support for businesses, particularly smaller enterprises, which are vital for job creation. As previously reported, severe penalties, including fines of up to $500,000 and prison sentences of up to 20 years for non-compliance, have raised fears that stringent laws could deter investment and impede business operations.
While there remain critical voices urging caution and transparency in the legislative process, there is also an optimistic sentiment that meaningful dialogue among stakeholders could lead to fairer, more balanced laws that protect workers’ rights while ensuring the viability of businesses. The path forward will require a collaborative effort to ensure a legal framework that safeguards the interests of all parties involved.
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