The Fiji Employers Federation has raised strong objections to provisions in the Employment Relations (Amendment) Bill 2025, warning that proposed new powers for labour officers could breach constitutional protections and undermine the separation of powers.
Speaking before the Standing Committee on Economic Affairs yesterday, Board Member Fantasha Lockington said the extended authority granted under Section 19A of the Bill gave labour officers “excessive and far-reaching” powers that could disrupt business operations and erode legal safeguards.
“We’re raising significant concerns about the very broad and far-reaching powers granted to labour officers under this section,” Ms Lockington said.
“It provides officers with extensive authority — including the power to enter and inspect workplaces without consent, enter private residences, and demand employment records, among other things.”
She argued that these powers went beyond what was permitted even for law enforcement.
“These new powers still exceed those allowed to the police, who deal with far more serious crimes.”
“For instance, labour officers do not need a warrant to seize property. This is not consistent with normal law and breaches constitutional protection against unreasonable search and seizure.”
Lockington also warned that the bill could make labour officers both “judge and jury” in workplace disputes.
“The proposed criminalisation of non-compliance with labour officers’ directives assumes that officers are always right, regardless of intent or mitigating circumstances.”
“As drafted, Section 19A effectively allows labour officers to act as both judge and jury — which can result in abuse of authority. This is not consistent with fundamental legal principles.”
She referred to a High Court ruling in December 2023, where a labour officer was found negligent and ordered to pay damages to a worker, saying the case highlighted the risk of unchecked authority.
“We are deeply concerned that these new powers, together with a range of new offences, create a climate for corruption to thrive,” Lockington said. “The amendments provide no clear safeguards or oversight mechanisms and seem to assume that all labour officers will always act honestly and diligently — just as they assume that all employers treat their workers badly.”
The Federation has recommended that Parliament reconsider the provisions and introduce stronger checks and balances to prevent potential misuse of power and to protect both workers’ and employers’ rights.
