The Fiji Employers Federation has voiced strong concerns regarding the Employment Relations (Amendment) Bill 2025, particularly the enhanced powers afforded to labour officers that could undermine constitutional protections and disrupt the vital principle of the separation of powers. During a recent engagement with the Standing Committee on Economic Affairs, Board Member Fantasha Lockington remarked that the provisions in Section 19A of the Bill grant “excessive and far-reaching” authority to labour officers, posing significant risks to business operations and legal protections.
Lockington expressed her alarm at the expansive powers bestowed upon labour officers, which include conducting workplace inspections without consent and accessing private residences and employment records. She highlighted that these powers exceed those typically given to law enforcement, noting that labour officers would not require search warrants to seize property, an act she views as inconsistent with constitutional rights against unreasonable searches and seizures.
Moreover, Lockington warned that the Bill could allow labour officers to take on dual roles as both adjudicators and enforcers in disputes, creating a potential for power abuse. She pointed out that the proposed criminalization of non-compliance assumes that officers will always act in the right, overlooking individual circumstances. Her concerns are further underscored by a recent High Court ruling in which a labour officer was found negligent, suggesting potential pitfalls in the proposed framework.
These apprehensions are echoed by a range of stakeholders, including the Fiji Labour Party and the Fiji Commerce and Employers Federation, who advocate for caution against stringent legislation reminiscent of past regimes. Party Leader Mahendra Chaudhary stressed the importance of building trust among businesses, workers, and the government, asserting that the imposition of harsh penalties could deter investment and impede economic recovery.
Additionally, there are worries about the timing and transparency of the Bill’s drafting process. Critics have noted a lack of consultation with employers and a non-disclosure requirement that hampers meaningful participation. Chaudhary and others have urged the government to engage with all relevant parties, highlighting how collaboration is crucial to developing a balanced legislative framework that simultaneously supports workers’ rights and business interests.
The ongoing discussion surrounding the proposed amendments offers a constructive opportunity for reform. It underlines the necessity for safeguards against the misuse of power while fostering an environment conducive to economic growth. Through continued collaboration and effective communication among all stakeholders, Fiji can pursue a legal framework that appropriately balances the rights and responsibilities of both employers and employees, paving the way for an inclusive and prosperous workforce.