The Nadi Chamber of Commerce and Industry has raised alarms regarding the proposed Employment Relations Bill, asserting that it could potentially be leveraged against business owners. Chamber President Lawrence Kumar expressed that the bill, as it currently stands, is obstructive to their members and possesses the potential to grant labor officers excessive powers that could harm Small and Medium Enterprises (SMEs), which are crucial to the economy of Fiji.
Kumar emphasized that the bill eliminates the Alternative Dispute Resolution (ADR) process, which previously allowed for the amicable resolution of disputes between employers and employees without resorting to prolonged court proceedings. He warned that this could lead to delays in resolving conflicts and negatively impact business operations.
He urged members of the Chamber to vocalize their concerns, highlighting that the current legislative landscape is unfavorable for business and does not encourage growth. The possibility of pushing all conflict resolutions into the court system has raised fears about the detrimental effects on corporate revenue and employment, with Kumar citing an example where a company could be forced to downsize from ten outlets to three due to the pressures of the new regulations.
Moreover, the Chamber is apprehensive that the provisions in the bill could lead to increased corruption, victimization, and bias against businesses. In response to these concerns, Deputy Secretary for Operations Atish Kumar clarified that the ADR process will still be included in the draft of the bill. He stressed that labor officers are primarily responsible for mediating between employers and employees, only escalating unresolved matters to the Employment Tribunal as a last resort.
Atish Kumar reassured that labor officers, while having the authority to inspect workplaces, would strictly adhere to the Public Service Code of Conduct and would not engage in arbitrary actions such as indiscriminately removing documents. The Ministry aims to ensure compliance and uphold workers’ rights without unfairly targeting enterprises.
Similar sentiments have been echoed by other industry leaders and organizations such as the Fiji Hotel and Tourism Association and the Fiji Commerce and Employers Federation, who share concerns over the broad authority granted to labor officers under the proposed law. The fear is that such measures could inadvertently stifle business development and lead to legal uncertainties, particularly affecting the viability of smaller firms.
In light of these discussions, there is a hopeful outlook that through constructive dialogue among stakeholders—including businesses, labor representatives, and government officials—more balanced legislation can emerge. This collaborative approach could not only enhance labor protections but also ensure a thriving business environment that supports economic development in Fiji.