A proposed increase in penalties for sexual harassment and other harassment-related offenses generated considerable interest during a recent public consultation regarding amendments to the Employment Relations Act 2007 (ERA) and the WorkCare Bill 2024. This event took place at the Tanoa International Hotel in Nadi, organized by the Ministry of Employment, Productivity, and Industrial Relations, and drew a diverse crowd of stakeholders, including workers, employers, and trade union representatives.

Facilitated by Minister Agni Deo Singh and Acting Permanent Secretary Atish Kumar, the discussion revolved around the significant changes proposed to the ERA. The amendments notably aim to enhance penalties for harassment offenses, particularly sexual harassment. Kumar revealed that under the proposed changes, fines for individuals could reach $50,000, while corporate penalties could escalate to as high as $200,000. Additionally, for other forms of harassment, fines could amount to $40,000 for individuals, with similar penalties for corporations and a possible three-year imprisonment for serious cases.

This consultation is part of a broader initiative to review and update the ERA to meet international standards established by the International Labour Organisation (ILO), which Fiji has ratified. Input for this review has been gathered from various stakeholders and independent ILO consultants, culminating in a detailed ERA matrix outlining the proposed amendments and ensuring legislative compliance.

As discussions continue, stakeholders have been encouraged to engage in shaping these proposed legal changes, which are intended to provide a safer and more accountable work environment in Fiji. Notably, there have been concerns voiced by organizations like the Fiji Commerce and Employers Federation and the Fiji Hotel and Tourism Association regarding the potential impact of these increased penalties on micro, small, and medium enterprises (MSMEs), which constitute over 60% of employers in the country. They emphasize the need for a balanced approach that does not compromise the operational viability of smaller businesses while striving to protect workers’ rights.

Continued dialogue signifies a hopeful commitment to reforming Fiji’s labor laws while considering the realities of economic sustainability. Stakeholder engagement reflects the possibility of creating a more comprehensive legal framework that both safeguards employees and aligns with the interests of employers. This ongoing collaboration can be pivotal in fostering a fairer and safer working environment across Fiji, marking a positive step towards modernizing employment relations that are sensitive to both labor rights and business necessities.