CONSTITUTIONAL lawyer Jon Apted does not agree with some provisions in the proposed amendments to the Employment Relations Act (ERA).
Speaking at the BSP Life Fiji Human Resources Institute annual convention in Nadi last Saturday, Mr Apted said his perspective was based on his experience as a lawyer.
“The ERA was passed in 2017, so it is very old and outdated,” he said.
“And I agree with Atish (deputy secretary operations) and the ministry that it needs to be reviewed.
“However, I’ll say now that I do not agree with many provisions in the Bill. And where I am speaking to you from, is from the perspective and experience of a lawyer.”
Mr Apted said many employers could have misunderstood the provisions in the amendment of the ERA.
“This is a piece of law and the reason that lawyers need to go to law school is because reading and understanding the law is not the same as reading a policy, and is not the same as reading a guide and not the same as reading a newspaper.
“There are rules about interpretation, and I am sure many have had the experience of thinking that your understanding of a legal provision is correct and you have applied it for a long time.
“And suddenly you go to a lawyer or are taken to the tribunal or they inspect accounts and then you were wrong because you misunderstood, because you are a lay person and the way you read it, is not as a lawyer.
“So, my perspective comes as a lawyer. I act and I’ve acted for many kinds of employers for more than 20 years.
“I’ve acted for small employers and many of you who are here, and very big employers. And I’ve also acted for trade unions, so I’ve experienced many different situations.
“This is important to understand in the amendment of the ERA.”
Meanwhile, in an interview with this newspaper, Employment Ministry deputy secretary (operations) Atish Kumar said the Bill was currently being drafted.
“To ensure there is a balance in the law, and I think in fact Mr Apted used an older version of the law,” he said.
