Constitutional lawyer Jon Apted has voiced his objections to several provisions in the proposed amendments to the Employment Relations Act (ERA), highlighting concerns from his extensive legal experience. Addressing attendees at the BSP Life Fiji Human Resources Institute annual convention in Nadi, he remarked that while he acknowledges the need for legislative updates due to the ERA’s 2017 inception making it outdated, many elements within the current draft raise significant legal and practical issues.
Apted emphasized the potential for misunderstandings among employers regarding the amendments, underlining the complex nature of legal language. “Interpreting law differs vastly from policy or casual reading materials,” he stated, stressing that his perspective is informed by over 20 years of legal practice representing both small businesses and large corporations, as well as trade unions.
The ongoing drafting of the bill has been met with skepticism from various stakeholders, including deputy secretary for operations at the Employment Ministry, Atish Kumar, who suggested that Apted may be referencing an outdated version of the legislation. Kumar has reiterated the Ministry’s commitment to developing a balanced law, noting the importance of stakeholder engagement to adequately reflect diverse needs.
This sentiment echoes concerns previously expressed by the Fiji Commerce and Employers Federation (FCEF) and the Fiji Hotel and Tourism Association (FHTA), who have cautioned that the proposed amendments, which introduce hefty penalties and expand the authority of employment officers, could hinder small and medium enterprises (SMEs), which form a significant part of Fiji’s economy. They argue that the lack of comprehensive consultations has left many employers unprepared to comply with the changes, risking their operational viability.
Despite the challenges posed by the proposed amendments, there remains hope that continued dialogue between the government and stakeholders can lead to a framework that effectively balances worker rights with the realities of running a business. The commitment to collaboration among all parties involved could result in meaningful reforms that bolster both the workforce and the economy in Fiji, ensuring sustainable growth for everyone.
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