The Fiji Commerce and Employers Federation (FCEF) has raised urgent concerns over the Employment Relations Bill 2025, asserting that the proposed amendments could transform routine workplace errors into criminal offenses. FCEF representatives describe these changes as dangerous, disproportionate, and detrimental to business confidence across the nation.
In recent submissions to the Parliamentary Standing Committee on Economic Affairs, FCEF Representative Watisoni Nata emphasized that the potential criminalization of contractual breaches—especially in cases where there is no dishonesty—could unfairly punish employers and employees for honest mistakes. Nata pointed out that under Section 35A of the bill, small businesses, which often lack robust HR or legal resources, could face criminal charges simply for failing to provide written reasons for employee dismissals.
“The criminalization of basic contractual breaches is a perilous shift in employment law,” said Nata. “It penalizes good-faith decision-making, criminalizes human error, and sends a chilling message to potential investors and employers in Fiji.” He advocated for continuing mediation processes, asserting that existing grievance mechanisms are functioning well and do not require the addition of criminal penalties.
FCEF has recommended the removal of all criminal penalties for breaches of employment contracts, suggesting that mediation and grievance processes should remain as they currently exist under Section 35B. The organization urges that criminal sanctions be reserved for instances of deliberate exploitation or serious misconduct.
The FCEF’s stance resonates with earlier concerns expressed jointly with the Fiji Hotel and Tourism Association (FHTA) about potential job losses and the risk of undermining trust between businesses, employees, and the government as a result of excessive authority being granted to employment officers. The groups have criticized previous amendments that could impose severe penalties on small to medium-sized enterprises, which are particularly vulnerable.
FCEF also warned that these proposed changes could expose both private employers and government entities to increased legal risks and compliance costs, fostering an atmosphere of fear that could stifle hiring, innovation, and overall economic growth. Recognizing the vital role of micro, small, and medium enterprises in the economy, the Federation has called for the government to engage in transparent discussions with employers before advancing these significant amendments.
In response to the feedback from FCEF, Employment Minister Agni Deo Singh has emphasized that the goal of the review is to create a robust legal framework that benefits both workers and employers. The ministry began formal consultations in February 2023 and has indicated that further discussions will continue, with opportunities for all stakeholders to voice their concerns.
FCEF remains committed to collaborating with the Committee and the Ministry of Employment to advocate for reforms that are not only balanced and fair but also bolster economic sustainability. As these discussions evolve, there is optimism that constructive dialogue will lead to an employment framework that supports both workers’ rights and the essential needs of businesses, ultimately contributing to a healthy economic environment within Fiji.