Concerns have been raised regarding the newly introduced Form 9 provision in the Employment Relations Bill No. 27 of 2025, as many believe it threatens the mediation processes integral to resolving employment disputes in Fiji. Watisoni Nata, a representative of the Fiji Commerce and Employers Federation (FCEF), expressed these views during a presentation to the Parliament’s Standing Committee on Economic Affairs, highlighting that over 80 percent of employment cases in Fiji have been successfully resolved through mediation.
Nata pointed out that the Form 9 provision could enable the Ministry of Employment to bypass the established mediation framework, directing disputes straight to the Employment Relations Tribunal. This shift could diminish the benefits of dialogue that the existing mediation system provides, which has been advantageous for both employers and employees seeking amicable resolutions.
Previously, both the FCEF and the Fiji Hotel and Tourism Association (FHTA) have voiced concerns about potential changes to the Employment Relations Act that could adversely impact micro, small, and medium enterprises (MSMEs) in the country. These entities represent a significant portion, over 60 percent, of the nation’s employers and fear that the expanded authority granted to employment officers, coupled with stringent penalties, could lead to job losses and discourage investment.
Mediation has been a vital service in resolving employment-related grievances, with the Ministry investing around $1 million to bolster these services recently. This includes partnerships with organizations like the Singapore Mediation Centre to train mediators effectively. Nata questioned the necessity of the Form 9 provision, advocating for the preservation of the existing mediation process, which has proven to be efficient and favored by various stakeholders.
In his remarks to the committee, Nata called on Parliament to rethink the implementation of the Form 9 clause, emphasizing the importance of maintaining Fiji’s standing as a nation promoting constructive industrial relations through dialogue. This ongoing push for effective mediation indicates a broader initiative by the business community to preserve their operational freedoms while fostering improved communication with the government.
This advocacy suggests a hopeful outlook for balanced labor reforms in Fiji, which could not only protect employer rights but also enhance the capacities for addressing employee grievances, ultimately contributing to sustainable economic growth in the region.