LABOUR officers only know laws that apply to simple cases but are not trained to apply them to more complicated cases.
This was raised by Suva lawyer Jon Apted at the BSP Life Fiji Human Resources Institute (FHRI) annual convention in Nadi last Saturday.
Mr Apted presented on the Employment Relations Act.
“The provision says they (labour officers) can enter and search any time of the day and night in accordance with the law,” he said.
“And they can come in any time of the day or night, not even the police can do that. The police can’t come into your premises any time of the day or night without a warrant.
“The labour officers are given powers to do it like they are superman or what.
“They have given themselves powers to issue directions in the old legislation.
“Now it’s just issued directions so whether it’s lawful or not you have to obey.
“They can take samples and under normal law, people can’t take your property without a warrant, they can just take samples and there is a provision there that they can enforce a fine.”
Mr Apted said the Employment Ministry deputy secretary (operations) Atish Kumar said they were only doing fixed penalty notices.
“But if you look at the Act, there are certain provisions that have breaches that said the breach of this section is an offence and punishable of this fine
“There is a whole lot of section that don’t use the word offence.
“So, what it looks like from a lawyer’s point of view with offences you get prosecuted.
“Breaches that are not offences, the labour inspector decides.
“So, if that is not the case and not the intention then you better fix up all of that provisions because as they are drafted, they allow the labour officer to be the judge and jury.
“And I know the Employment Ministry are now my friends, they think they know the law, they don’t.
“They know the law as it applies to your simple cases, they are not trained to apply it to the more complicated cases.”
Meanwhile, Employment Ministry deputy secretary (operations) Atish Kumar told this newspaper the staff at the ministry were well equipped and trained.
