The Fiji Employers Federation has expressed significant concerns regarding the Employment Relations (Amendment) Bill 2025, specifically the expanded powers for labour officers that may infringe on constitutional protections and disrupt the foundational principle of separation of powers. During a recent session with the Standing Committee on Economic Affairs, Board Member Fantasha Lockington described the provisions outlined in Section 19A of the Bill as granting “excessive and far-reaching” powers to labour officers, which could severely impact business operations and compromise legal safeguards.
Lockington raised alarms about the extensive authority conferred to labour officers, which includes the ability to conduct workplace inspections without consent and to access private residences and employment records. She noted that such powers surpass even those allocated to law enforcement, highlighting that labour officers would not require search warrants to seize property—a move she deemed inconsistent with constitutional rights against unreasonable searches and seizures.
Additionally, Lockington cautioned that the Bill could enable labour officers to act as both adjudicators and enforcers in disputes, raising the risk of authority abuse. “The proposed criminalization of non-compliance presumes that officers will always be correct, ignoring the nuances of individual situations,” she stressed, invoking a recent High Court ruling where a labour officer was found negligent.
The Federation’s apprehensions reflect a broader sentiment echoed by other stakeholders, such as the Fiji Labour Party and the Fiji Commerce and Employers Federation, which have called for caution regarding stringent legislation reminiscent of past administrations. Party Leader Mahendra Chaudhary emphasized the need to foster trust among businesses, workers, and the government, asserting that the implementation of harsh penalties could deter investment and hinder economic recovery.
Concerns have also been raised about the timing and transparency surrounding the Bill’s drafting process, with accusations of a lack of consultation with employers and a non-disclosure requirement limiting meaningful engagement. Chaudhary and others have urged the government to seek input from all relevant parties, highlighting the importance of collaboration to cultivate a balanced legislative framework that supports both workers’ rights and business interests.
The active dialogue surrounding the proposed amendments presents a hopeful avenue for reform. It emphasizes the necessity of creating safeguards against power misuse while ensuring a conducive environment for economic growth. With continued collaboration and communication among all stakeholders, Fiji can move towards a legal framework that balances the rights and responsibilities of employers and employees alike, fostering an inclusive and thriving workforce.