Fiji's Employment Relations Bill Under Fire Over Labour Officer Powers and MSMEs

Fiji’s Employment Relations Bill Under Fire Over Labour Officer Powers and MSMEs

The Fiji Commerce & Employers Federation (FCEF) has raised critical alarms regarding alleged intimidation tactics employed by Labour Officers targeted at one of its members—a situation that underscores broader concerns surrounding the proposed Employment Relations Bill. The Federation described these tactics as a dangerous precedent, particularly given the member’s prominent role as Chairperson of its MSME Council and owner of a media and video production firm. After producing a video about the pending Employment Relations Bill, which amassed over 10,000 views, Labour Officers visited his business premises, focusing inquiries on the nature of the videos and subsequently demanding access to sensitive employment records.

According to FCEF Chief Executive Officer Edward Bernard, this incident exemplifies the risks associated with the increased powers proposed for Labour Officers under the Employment Relations Bill, which he asserts could infringe upon constitutional protections against unreasonable search and seizure. Only the member’s company out of over 25 businesses in the same complex was targeted during this visit, raising questions of selective enforcement. The Labour Officers reportedly not only inquired about content creation but also requested digital documentation of wages, employment contracts, and banking statements.

Bernard emphasized the Federation’s stance against Section 19A of the Employment Relations Bill, asserting that these extensions of authority violate the necessary separation of powers. He urged for the cessation of such intimidation tactics, advocating that Labour Officers should be held to the same legal standards as other law enforcement entities.

The concerns voiced by the FCEF echo challenges raised by other organizations, notably the Fiji Hotel and Tourism Association (FHTA), which warned that these proposed provisions could undermine investor confidence and threaten the operational viability of micro, small, and medium enterprises (MSMEs)—a crucial segment of Fiji’s workforce. FHTA’s Chief Executive Officer, Fantasha Lockington, highlighted similar fears regarding potential abuses tied to the new powers, which would allow Labour Officers to act without warrants, thereby disregarding established legal protections.

Widespread apprehensions have emerged around proposed penalties for non-compliance with the new regulations, which could reach as high as $500,000 or entail prison sentences of up to 20 years. Such measures could severely jeopardize business operations and discourage both local and foreign investments in Fiji’s economy.

While critical voices continue to advocate for transparency and accountability within the legislative process, there remains a hopeful outlook for constructive dialogue that may lead to balanced labor laws. Collaborative efforts among government, employers, and labor representatives could pave the way for legislation that effectively protects workers while also fostering a sustainable and competitive economic landscape in Fiji.


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