Poor agreements lead to costly disputes – Kumar

Listen to this article:

FRCS Manager Legal, Faranisese Gavidi (left), FRCS Director Compliance, Kelerayani Dawai, Atish Kumar and Director Tourism for Ministry of Tourism and Civil Aviation, Jacinta Lal during the HOTEC Trade show at Crowne Plaza Fiji Nadi Bay Resort & Spa, Wailoaloa, Nadi. Picture: BALJEET SINGH

BUSINESSES in Fiji are losing millions of dollars in avoidable tribunal cases due to poorly managed collective bargaining agreements and a lack of clear internal dispute mechanisms.

Ministry of Employment deputy secretary Atish Kumar told attendees at the HOTEC Tradeshow information session that industry leaders should resolve issues internally rather than relying on litigation.

Mr Kumar urged Human Resources executives to incorporate Section 149 of the Employment Relations Act, which governs good faith employment relations, into their agreements.

“I have done some mathematics of it and I see that we have lost millions of dollars because we have not been able to have a good process in place,” he said.

“You don’t need to run to tribunal all the time. What you need to do, you need to do business.”

Mr Kumar said that collective agreements act much like a civil contract, meaning third-party tribunals will not write terms on behalf of employers or trade unions.

He also urged companies to update internal policies regarding workplace misconduct to align with national standards and international agreements ratified by Fiji.

“Employers must ensure that they align their internal policies in line with the national sexual harassment policies.

“You also need to review your policies to ensure that you have procedures in place to deal with violence and harassment.”