The Fiji Commerce and Employers Federation (FCEF) has expressed urgent concerns regarding the Employment Relations Bill 2025, asserting that the proposed amendments may convert ordinary workplace errors into criminal offenses. FCEF representatives describe these modifications as potentially detrimental to business confidence throughout the nation.
In a submission to the Parliamentary Standing Committee on Economic Affairs, FCEF Representative Watisoni Nata highlighted that the potential criminalization of contractual breaches—particularly in situations devoid of dishonesty—could unjustly penalize both employers and employees for honest mistakes. Nata noted that under Section 35A of the bill, small businesses, which often lack comprehensive HR or legal support, could be subjected to criminal charges for simply not providing written reasons for employee dismissals.
“The criminalization of basic contractual breaches represents a dangerous change in employment law,” Nata asserted. “It punishes good-faith decision-making, criminalizes human error, and communicates a discouraging message to potential investors and employers in Fiji.” He advocated for maintaining the current mediation processes, asserting that existing grievance mechanisms effectively address issues without necessitating criminal penalties.
FCEF has proposed the removal of all criminal penalties associated with breaches of employment contracts, recommending that mediation and grievance procedures remain unchanged under Section 35B. The organization argues that criminal sanctions should be reserved exclusively for cases involving deliberate exploitation or egregious misconduct.
This stance aligns with earlier worries articulated alongside the Fiji Hotel and Tourism Association (FHTA) regarding possible job losses and the threat of eroding trust among businesses, employees, and the government due to excessive powers granted to employment officers. The groups have condemned earlier amendments poised to impose harsh penalties on small to medium-sized enterprises, which are particularly susceptible.
FCEF further cautioned that these proposed changes might increase legal liabilities and compliance costs for both private employers and government entities, cultivating an atmosphere of anxiety that could impede hiring, innovation, and overall economic advancement. Recognizing the critical role of micro, small, and medium enterprises in the economy, the Federation has urged the government to engage in transparent dialogues with employers prior to advancing such significant amendments.
In reaction to the feedback from FCEF, Employment Minister Agni Deo Singh emphasized that the goal of these reviews is to create a legal framework that benefits both workers and employers alike. The ministry initiated formal consultations in February 2023, signaling that further discussions will allow all stakeholders to express their perspectives.
FCEF maintains its commitment to working collaboratively with both the Committee and the Ministry of Employment to advocate for balanced and fair reforms that will support economic sustainability. As these discussions progress, there is hope that constructive dialogue will yield an employment framework that champions both workers’ rights and the essential needs of businesses, ultimately fostering a robust economic environment in Fiji.