A recent public consultation in Nadi focused on proposed amendments to the Employment Relations Act 2007 (ERA) and the WorkCare Bill 2024, drawing attention to significant increases in fines for harassment-related offenses. Hosted by the Ministry of Employment, Productivity, and Industrial Relations, the event saw a robust participation of workers, employers, trade union representatives, and other stakeholders, all eager to provide feedback on the changes.

Minister Agni Deo Singh and Acting Permanent Secretary Atish Kumar facilitated the discussions, during which Kumar highlighted key revisions aimed at enhancing workplace protection and accountability. In particular, the proposed amendments include hefty fines for harassment—$50,000 for individuals and up to $200,000 for companies—with additional penalties that could involve up to $40,000 for individuals and imprisonment of up to three years for serious offenses.

These proposed changes come in response to ongoing tripartite discussions and are part of a broader review intended to align Fiji’s laws with international standards set by the International Labour Organisation (ILO). Kumar emphasized that fines across the ERA have been revised to be more consequential as a deterrent against harassment, while minimizing penalties of imprisonment unless dealing with severe criminal cases.

The consultation process is considered an important step in ensuring that stakeholders can voice their opinions on the amendments, which seek to improve workplace conditions across various sectors in Fiji. However, concerns have been raised, particularly by the Fiji Commerce and Employers Federation (FCEF) and the Fiji Hotel and Tourism Association (FHTA), regarding the potentially harsh impact of such penalties on micro, small, and medium enterprises (MSMEs) that represent over 60% of employers in the region. They argue that the new punitive measures could undermine the operational stability of these businesses, emphasizing that a balance between protecting workers and maintaining a healthy business environment is crucial.

The ongoing discourse illustrates a commitment from the government to refine the legal framework surrounding employment relations while navigating the delicate balance between being firm on harassment issues and supporting the economic landscape of Fiji.

In a hopeful light, the active engagement of various stakeholders, including businesses and trade unions, may lead to a more comprehensive framework that caters to the interests of both employers and employees, fostering productivity and growth within the industry. Continued dialogue and collaboration can ensure that any legal reforms contribute positively to the overall workforce environment in Fiji.