A recent public consultation in Nadi attracted significant attention as it discussed proposed amendments to the Employment Relations Act 2007 (ERA) and the WorkCare Bill 2024. This event, organized by the Ministry of Employment, Productivity, and Industrial Relations, drew a diverse audience, including workers, employers, trade union representatives, and other stakeholders who gathered to provide feedback on suggested increases in fines for harassment offenses, particularly sexual harassment.

Minister Agni Deo Singh and Acting Permanent Secretary Atish Kumar led the discussions, where Kumar highlighted key proposed changes to the ERA. A notable focus was placed on revising penalties related to harassment, significantly increasing fines to enhance deterrent measures. According to Kumar, under the proposed revisions, fines for individuals found guilty of sexual harassment could reach $50,000, while corporations could face penalties as high as $200,000. For other forms of harassment, fines could be as much as $40,000 for individuals and similar amounts for corporations. Additionally, there is a provision for up to three years imprisonment in serious cases.

This consultation is part of a broader review aimed at aligning Fiji’s employment laws with international standards set forth by the International Labour Organisation (ILO). Contributions from independent ILO consultants have been integrated into this process, resulting in a detailed ERA matrix outlining the proposed amendments.

Stakeholders expressed their opinions on enhancing workplace protections and accountability in Fiji, fostering a safer work environment. Notably, concerns were raised by groups such as the Fiji Commerce and Employers Federation and the Fiji Hotel and Tourism Association over the potential impact of increased penalties on micro, small, and medium enterprises (MSMEs), which employ over 60% of the workforce in Fiji. These organizations emphasize the necessity of balancing worker protections with the operational viability of businesses.

The ongoing dialogue signals a hopeful commitment to creating a legal framework that effectively protects workers while considering the needs of employers. Continued engagement among all parties will be critical to shaping reforms that strive for a safe and equitable work environment in Fiji, promoting a healthy balance between labor rights and economic sustainability. Through constructive discussions, there is potential for reforms that enhance workplace accountability and support businesses, fostering a collaborative atmosphere for future growth.