The Nadi Chamber of Commerce and Industry has warned that the proposed Employment Relations Bill could be used against business owners.

They believe that it gives labor officers excessive powers.

Chamber President Lawrence Kumar said none of the Chamber’s 250 members support the bill in its current form.

He said the law could be weaponised against businesses particularly Small and Medium Enterprises, which form the backbone of Fiji’s economy.

Kumar explained that the Bill removes the Alternative Dispute Resolution (ADR) process that previously resolved issues between employers and employees without lengthy court proceedings.

“So, I urge every member who is present here, don’t hold yourself back. We need to be vocal around this, because like I said, in the current context, it is not business favorable. It’s not promoting the business.”

Kumar warned that forcing all disputes directly to the courts could slow resolution, harm businesses, reduce employment, and lower revenue.

He cited a case of a business with ten outlets saying the bill could force it to reduce operations to three.

Kumar said the Bill also opens opportunities for corruption, victimization and unfair targeting of businesses.

Deputy Secretary for Operations Atish Kumar responded, clarifying the ADR system remains in the draft bill.

He said mediation handles workplace grievances like unfair dismissal, duress or harassment but minimum wage, leave and other entitlements cannot be negotiated, they must be paid in full.

He explained that labour officers assist both employers and employees to resolve complaints and only refer matters to the Employment Tribunal if employers fail to comply after notices.

“But at the workplaces, at the workplaces, the labor officers under the current law have the powers to enter. But of course those powers are used in terms of the guidelines that we are given, the Public Service Code of Conduct. We enter into a workplace, of course we contact the employer, or if there is the reasons to believe that there are issues there, of course we enter and inspect the workplace.”

Kumar addressed concerns about labour officers’ powers, saying inspections follow clear guidelines under the Public Service Code of Conduct.

He noted officers can enter workplaces during working hours if there is reasonable cause but inspections do not involve indiscriminate removal of documents.

He added that private residences require consent unless there is evidence of workers being unlawfully employed there.

He said the ministry respects members’ views and the committee would consider submissions as the bill progresses.

The Ministry emphasised the powers are intended to ensure compliance and protect workers’ rights, not to unfairly target businesses.

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