A PROPOSED law could see the Ministry of Employment turn into a money-making business, says Munro Leys partner Jon Apted.
Mr Apted said the proposed Employment Relations Bill went beyond international norms by allowing the State to hit businesses with three different types of legal action for the same mistake.
Speaking at a recent gathering in Nadi, Mr Apted said under the current draft, an employer’s exposure was now tripled.
“Prior to this legislation, if you breached your worker’s rights as an employer, the worker could take you to the tribunal or to the court and get compensation,” he said.
“This law preserves that right but this Bill adds two more means of enforcement.”
While civil penalties are used overseas to avoid giving employers a criminal record for minor breaches, Mr Apted said, Fiji’s version applied them in addition to criminal charges.
“Overseas, in other countries, civil penalties are used instead of criminal offences, except for very serious breaches.
“In this Bill, all the ones that are civil penalties are just the same as the offences, and that’s in addition to the worker or the union’s right to take you to the tribunal or to the employment court for damages.”
Unlike most State revenue, which is directed to the Government’s main bank account or the consolidated fund, the Bill allows the ministry to keep the proceeds. “Why is the ministry so interested in these astronomical fines, why are they so interested in this multi-layered dipping because the money from the fines and from the civil penalties the Bill provides, go into the ministry’s fund.
“They don’t go to the consolidated fund, and the ministry controls the fund.” Mr Apted said this would be a money-making business for the ministry.
“If it’s a business, you’re going to prosecute people in your own self-interest. You won’t necessarily be fair, because your incentive is to have more money to spend on your scholarships or on building your empire.”
The Employment Relations Bill and the Work Care Bill are expected to be tabled in the next session of Parliament.
