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Illustration of Sexual harassment fine increase proposed

Fiji Proposes Tougher Fines for Workplace Harassment: What’s Next?

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A recent public consultation in Nadi focused on proposed amendments to the Employment Relations Act 2007 (ERA) and the WorkCare Bill 2024, generating strong interest due to potential increases in penalties for sexual harassment and other harassment-related offenses. The consultation, organized by the Ministry of Employment, Productivity, and Industrial Relations, welcomed input from a diverse array of attendees, including workers, employers, trade union representatives, and various stakeholders at the Tanoa International Hotel.

Minister Agni Deo Singh and Acting Permanent Secretary Atish Kumar facilitated the discussions, emphasizing the significant proposed changes to the ERA. Notably, Mr. Kumar outlined revised penalties for harassment, particularly highlighting increased fines. For instance, individuals could face penalties of up to $50,000 for sexual harassment offenses, while companies could be liable for fines reaching $200,000.

Kumar explained that feedback from tripartite discussions prompted a focus on enhancing penalties, including eliminating most imprisonment sentences unless dealing with severe criminal offenses. He also detailed other expected penalties, such as fines for additional forms of harassment reaching $40,000 for individuals and $200,000 for corporations, alongside a possible three-year prison term.

This consultation is a part of a broader review process aimed at ensuring that Fiji’s laws align with international standards, specifically the conventions of the International Labour Organisation (ILO). Input has been incorporated from independent ILO consultants to develop a detailed ERA matrix, outlining various amendments and compliance research.

As stakeholders continue to provide feedback, there is hope that the proposed changes will lead to an improved framework for workplace protections and accountability in Fiji. This dialogue represents a critical step toward modernizing employment laws, which not only seek to enhance worker safety but also aim to foster a cooperative atmosphere between employers and employees. The potential for ongoing discussions signifies a constructive approach to safeguard against harassment while considering the operational realities of the business environment.

Overall, the consultation reflects a commitment to creating a safer workplace and an engaged community dedicated to reform, which could ultimately strengthen the bonds between labor and business interests in the region.


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