A recent public consultation in Nadi focused on proposed amendments to the Employment Relations Act 2007 (ERA) and the WorkCare Bill 2024, with significant discussions revolving around increases in penalties for sexual harassment and other forms of workplace harassment. Organized by the Ministry of Employment, Productivity, and Industrial Relations, the event was well-attended by a diverse group including workers, employers, trade union representatives, and relevant stakeholders at the Tanoa International Hotel.

Minister Agni Deo Singh and Acting Permanent Secretary Atish Kumar facilitated the discussions, emphasizing the essential revisions to the ERA aimed at enhancing workplace protections. Notably, Kumar highlighted substantial increases in fines: penalties for individuals found guilty of sexual harassment could soar to $50,000, while corporations could face fines up to $200,000. For other harassment offenses, fines could be set at $40,000 for individuals and similarly high for corporations, with up to three years’ imprisonment for severe cases.

This proposed amendment process is part of a larger review aimed at aligning Fiji’s employment laws with international standards, particularly those outlined by the International Labour Organisation (ILO). The review process has included valuable input from independent ILO consultants and has integrated comprehensive feedback from consultations dating back to February 2023.

Stakeholders have been encouraged to actively participate and provide their insights on the proposed changes, which aim not only to improve workplace protections but also to foster a more accountable environment in Fiji’s labor market. This ongoing dialogue reflects a hopeful path towards modernizing Fiji’s employment framework and ensuring that both workers’ rights and business interests are adequately balanced.

Concerns have also been expressed particularly by groups such as the Fiji Commerce and Employers Federation and the Fiji Hotel and Tourism Association regarding the potential impact of these penalties on micro, small, and medium enterprises (MSMEs). They emphasize the necessity of retaining operational viability for these businesses while implementing effective protections against harassment.

Overall, the consultation signifies a dedicated effort to enhance workplace safety and legal framework, signaling a constructive approach towards addressing harassment while nurturing the business environment. Continued engagement among all parties will be crucial in shaping effective reforms that ensure both worker protection and economic sustainability.