The Fiji Commerce and Employers Federation (FCEF) has raised alarm over what it describes as “intimidation tactics” employed by Labour Officers towards one of its members. This situation involves a member of the FCEF, who is also the Chairperson of the Federation’s MSME Council and operates a media and video production company focused on national issues.
Last week, Labour Officers reportedly visited the member’s business premises following the release of a video about the Employment Relations Bill, which had garnered over 10,000 views. FCEF’s Chief Executive Officer, Edward Bernard, expressed serious concerns, stating that only this particular company was targeted among more than 25 businesses in the same complex, prompting fears of selective enforcement of the law.
During the visit, Labour Officers inquired about the types of videos being produced, subsequently requesting access to sensitive employment documents, including wage books, contracts, and bank statements. After being informed that the company operated online, the officers requested digital copies of the records.
Bernard reaffirmed the Federation’s opposition to Section 19A of the Employment Relations Bill, arguing that it unnecessarily expands the powers accorded to Labour Officers, infringing on constitutional protections related to unreasonable search and seizure. He emphasized that such tactics are unacceptable and reiterated the need for Labour Officers to operate under the same legal constraints as other law enforcement agencies.
Similar apprehensions have been voiced by the Fiji Hotel and Tourism Association (FHTA), with concerns that the proposed legislation not only risks infringing on constitutional rights but could also lead to potential abuses of power that affect the business environment adversely. FHTA’s Chief Executive, Fantasha Lockington, noted that Labour Officers’ powers could exceed those typically granted to law enforcement, which raises significant issues about checks and balances in governance.
The ongoing discourse surrounding the Employment Relations Bill and its implications underscores a broader call for balanced labor laws that adequately protect workers’ rights while ensuring the sustainability of businesses, particularly small and medium enterprises (SMEs). As FCEF and other stakeholders continue to push for a more collaborative approach with the government, there is hope that meaningful dialogue can lead to legislation that supports both economic growth and fair labor practices in Fiji. This dialogue is crucial as the nation strives to create a robust economic environment that fosters job creation and investor confidence.