The Nadi Chamber of Commerce and Industry has raised significant concerns about the proposed Employment Relations Bill, warning that it could be misused against business owners. Chamber President Lawrence Kumar indicated that the current draft of the bill is detrimental to members, particularly Small and Medium Enterprises (SMEs), which play a vital role in Fiji’s economy.
Kumar pointed out that the bill removes the Alternative Dispute Resolution (ADR) process, which previously facilitated amicable settlements between employers and employees, avoiding lengthy court battles. This elimination raises fears of delayed conflict resolution, potentially hampering business operations. He urged members to express their concerns, noting that the existing legislative climate does not foster growth and may compel businesses to rely on the court system for conflict resolution. Kumar provided a cautionary example involving a possible downsizing scenario where a business may reduce its outlets drastically due to the pressures created by the new regulations.
The Chamber is also worried that the bill’s provisions may lead to increased corruption, bias, and victimization against businesses. In response, Deputy Secretary for Operations Atish Kumar clarified that the ADR process would still be maintained in the draft bill. He affirmed that labor officers’ roles are mainly to mediate disputes between parties, with the Employment Tribunal being a last resort for unresolved issues.
Atish Kumar emphasized that while labor officers would hold the power to inspect workplaces, they would adhere to the Public Service Code of Conduct and avoid arbitrary practices such as indiscriminately seizing documents. The Ministry’s goal is to protect workers’ rights while ensuring a fair environment for businesses.
Other industry leaders and associations, including the Fiji Hotel and Tourism Association and the Fiji Commerce and Employers Federation, have echoed similar apprehensions regarding the extensive authority given to labor officers under this proposed law. They fear that these measures could unintentionally hinder business growth and create legal uncertainties that particularly affect smaller firms.
In response to these discussions, there is a sense of optimism that constructive dialogue among stakeholders—comprising businesses, labor representatives, and government officials—can lead to more balanced legislation. This collaborative effort has the potential to enhance labor rights while simultaneously fostering a thriving business ecosystem that underpins Fiji’s economic development.