A LAWYER has warned that Fiji’s proposed Employment Relations Bill could create significant risks for employers, particularly small businesses, if left unchanged.
Speaking to the Standing Committee on Economic Affairs, Munro Leys lawyer Jon Apted said the legislation’s provisions on fines, dismissals, and disputes could turn employment law into a “money-making business” for the Government.
“The legislation creates an Employment Relations Fund,” Mr Apted told the committee
“Some in the ministry may think the money in this fund is theirs to spend as they see fit.
“But the Constitution requires all government funds to be appropriated by Parliament. Criminal offences are not taxes — they are meant to punish and deter, not raise revenue.”
Mr Apted also raised concerns over the Bill’s approach to unfair dismissal, arguing the lack of caps on compensation, time limits, or income thresholds could make employers hesitant to hire.
“In Australia and New Zealand, there are limits to protect businesses while respecting workers’ rights.
“Without these safeguards, employers face open-ended liabilities.
Other issues highlighted include proposed changes to overtime, redundancy, and dispute resolution, which Mr Apted said could reduce flexibility for businesses and place unions in a position to negotiate individual employment terms — something he described as “completely unworkable.”
He warned that current draft rules could encourage unions to delay reporting disputes for years, potentially piling unexpected financial burdens on employers.
Mr Apted urged the committee to revise the Bill to distinguish between offences and matters of judgment, ensure fair timelines for disputes, and provide clearer rules on fines and strike actions.
“The more troubling aspect is the six-year limitation on disputes.
“Employers cannot plan their operations or finances if they face indefinite exposure.”.
The committee is expected to consider these concerns in its review of the Bill.
