Frustration Mounts Over Fiji’s Employment Act Consultations: Will the Government Listen?

Public consultations on the proposed amendments to Fiji’s Employment Relations Act (ERA) have attracted significant scrutiny, with lawyer Jon Apted commenting on the process’s shortcomings during a recent conference in Nadi. Apted criticized the timing of the consultations, which were announced following December protests, arguing they were poorly timed as the formal notice wasn’t released until December 28, right before the holidays when many stakeholders were unavailable.

Apted highlighted that stakeholders were left with insufficient time to prepare for the discussions that began on January 6 and concluded on January 18. He noted that the Bill itself was not provided until after protests commenced, which limited the ability of participants to engage meaningfully with the content of the proposed changes. This concern echoes similar sentiments raised by the Fiji Commerce and Employers Federation (FCEF) in other discussions.

During a recent input from the FCEF, there was a call for an extension of the consultation period due to the rushed nature of the discussions and the complexities of the proposed amendments, which could significantly impact businesses. The FCEF argued for better transparency and more time to assess the implications of changes introduced in the Bill, especially for small and medium enterprises which often require substantial preparation to engage effectively.

Moreover, Deputy Secretary (operations) of the Employment Ministry, Atish Kumar, indicated that the drafted Bill is still under development. Their focus is on creating balanced regulations, a critical requirement that stakeholders are keen to see reflected in the final legislation.

While the current sentiment surrounding the consultation process is one of frustration, there remains a glimmer of hope that the government’s willingness to extend the consultation timeline—addressing stakeholder concerns—can lead to more constructive outcomes. The potential for a collaborative approach can ultimately yield balanced labor laws that support both worker rights and economic stability for Fiji, fostering an environment conducive to employment and business development.