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Penalties act as a ‘deterrent for employers’

FIJI Trades Union Congress (FTUC) national secretary Felix Anthony says penalties under the draft Employment Relations Act must act as a deterrent for employers.

Responding to the Fiji Commerce and Employment Federation and Fiji Hotel and Tourism Association concerns about the proposed penalties of up to $500,000 or a maximum of 20-year jail time, Mr Anthony said all tripartite stakeholders have been given opportunities to make their submissions.

He said the penalty was one of a few issues that members of the Employment Relations Advisory Board could not agree on following several meetings.

“While there was agreement on more than 80 per cent of the issues, there was disagreement on some other issues, mainly on the penalties,” he said.

“The Government was to decide on the issues that were not agreed upon.

“The FTUC argued that the penalties must act as a deterrent for employers to follow the laws.

“Currently, these penalties do not, and we see employers violate laws and let the courts decide over years while they continue to violate the laws and rights of workers.”

He said the FCEF had no intention of participating in the review and this was evident at an ERAB meeting earlier this year.

“As soon as the permanent secretary welcomed all to the meeting, the employers’ representatives decided to walk out.

“They did not participate, nor did they respond to the Government’s invitation to comment on the draft Bill. We are aware that the Government has repeatedly invited the FCEF to participate in good faith in the process but was unsuccessful.

“Yet in today’s news we hear of the CEO stating that all parties must come and discuss at the table. The FTUC is very disappointed with the conduct of FCEF in recent times, which we note is being disruptive and merely trying to delay the conclusion of the review.”

He said 12 years was far too long for any review.

“It is time that FCEF understands that the good times they enjoyed with the past Government over 16 or more years are over.

“Fiji has a responsibility to ensure that it respects international standards and does not continue to behave like a rogue State as it has in the past.”