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Illustration of Sexual harassment fine increase proposed

New Harassment Penalties Spark Debate in Fiji’s Employment Law Review

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A public consultation held in Nadi yesterday focused on proposed amendments to the Employment Relations Act 2007 (ERA) and the WorkCare Bill 2024, drawing considerable attention to the suggested increases in fines for harassment offenses, including sexual harassment. The event was well-attended by workers, employers, trade union representatives, and various stakeholders, marking an essential step for the Ministry of Employment, Productivity, and Industrial Relations in gathering input on these significant changes.

Minister Agni Deo Singh and Acting Permanent Secretary Atish Kumar led the discussions, where Kumar highlighted key amendments, notably the revision of penalties related to harassment. He stated that, in response to discussions among stakeholders, the penalties have been revised to emphasize a deterrent effect, with imprisonment penalties being minimized unless under severe circumstances.

The proposed changes introduce a striking increase in fines, with penalties reaching up to $50,000 for individuals guilty of sexual harassment and as high as $200,000 for corporations. Other harassment offenses could attract fines of up to $40,000 for individuals and similar penalties for corporations, with the possibility of up to three years imprisonment under serious circumstances.

This consultation is part of a comprehensive review process aimed at aligning Fiji’s employment laws with international standards, particularly those set by the International Labour Organisation (ILO), to which Fiji is a signatory. The review has also incorporated input from independent ILO consultants developing a detailed ERA matrix, encompassing suggested amendments based on legislative compliance.

As discussions continue, stakeholders are encouraged to participate actively in shaping these proposed changes. The goal is to enhance workplace protections and ensure accountability in Fiji’s employment sector. This collaborative approach not only underlines the government’s attention to improved workplace conditions but also reflects a hopeful outlook where constructive dialogue can lead to substantial legal reforms that protect employees while balancing the interests of businesses.

Overall, the ongoing discussions represent a significant commitment to refining legislation that impacts both labor rights and economic stability, providing a path towards fostering a safer and more equitable work environment in Fiji.


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