A strong appeal has emerged for the elimination of the new Form 9 provision found in the Employment Relations Bill No. 27 of 2025, which critics argue undermines the successful mediation processes currently in place for resolving employment disputes. Watisoni Nata, a board member of the Fiji Commerce and Employers Federation (FCEF), presented these concerns to Parliament’s Standing Committee on Economic Affairs, emphasizing that Fiji’s mediation system has effectively settled over 80 percent of employment cases amicably.
Nata voiced concerns that the introduction of the Form 9 provision would allow the Ministry of Employment to bypass the established mediation process and escalate disputes directly to the Employment Relations Tribunal. He noted that the existing mediation framework not only promotes dialogue but also is particularly beneficial for employers and employees seeking civil remedies.
Historically, the FCEF and the Fiji Hotel and Tourism Association (FHTA) have raised alarms about amendments to the Employment Relations Act that could negatively affect micro, small, and medium enterprises (MSMEs), which comprise more than 60 percent of employers in Fiji. These organizations have consistently warned that increased authority granted to employment officers and the introduction of severe penalties could lead to widespread job losses and deter investment in the country.
Mediation services have been a cornerstone in addressing employment grievances. The Ministry has invested significantly in developing these services, providing approximately $1 million in resources within the current budget and collaborating with the Singapore Mediation Centre to train mediators. Nata questioned the necessity of implementing the Form 9 provision, arguing that the existing mediation process has proven to be both efficient and preferable for stakeholders involved.
Addressing the committee, Nata urged Parliament to reconsider the inclusion of this clause to preserve Fiji’s reputation as a nation that fosters constructive industrial relations through dialogue. The call revitalizes discussions around ensuring that legal frameworks are conducive to both maintaining employer rights and facilitating employee grievances.
The ongoing advocacy for mediation reflects a broader desire among business communities to safeguard their operational capabilities while enhancing dialogues with the government, indicating a hopeful path toward balanced reforms in labor legislation that could ultimately support sustainable economic growth in Fiji.