Fiji’s Tough New Penalties: Are Employers Ready to Comply?

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Felix Anthony, the national secretary of the Fiji Trades Union Congress (FTUC), has stated that the penalties outlined in the draft Employment Relations Act should serve as a deterrent to employers. His comments respond to concerns raised by the Fiji Commerce and Employment Federation (FCEF) and the Fiji Hotel and Tourism Association regarding proposed penalties that could reach up to $500,000 or entail a maximum prison sentence of 20 years.

Anthony noted that all stakeholders in the tripartite process had been given the chance to submit their feedback. He mentioned that while there was consensus on over 80% of the topics discussed, disagreements persisted, particularly regarding penalties. He emphasized that it was the Government’s responsibility to make decisions on the unresolved issues.

He argued that the existing penalties are inadequate in deterring employers from breaching laws. According to Anthony, many employers continue to violate workers’ rights and laws while dragging the legal process out in the courts.

Anthony also criticized the FCEF for not participating in the review process, highlighting a recent incident where employer representatives walked out of a meeting as soon as it began. He expressed frustration that, despite repeated invitations from the Government for FCEF to engage in good faith, the organization has failed to respond or contribute.

He expressed disappointment over the FCEF’s recent conduct, describing it as disruptive and an attempt to delay the review’s conclusion. According to Anthony, a review period of 12 years is excessive, and he urged the FCEF to recognize that the favorable conditions they enjoyed with the previous government have ended. He stressed the importance of Fiji adhering to international standards and moving away from past practices that may have been considered rogue.

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