FCEF Representative Watesoni Nata [Source: Parliament of the Republic of Fiji / Facebook]

The Fiji Commerce and Employers Federation warns the Employment Relations Bill 2025 could turn everyday workplace errors into criminal offences.

FCEF calls the proposed amendments dangerous, disproportionate, and harmful to business confidence.

In his submissions to the Parliamentary Standing Committee on Economic Affairs,FCEF Representative Watisoni Nata said the criminalisation of contractual breaches without dishonesty punishes good-faith decisions and human error.

He said under Section 35A, employers could face criminal charges for failing to provide a written reason for dismissal, a common issue in small businesses with limited HR or legal capacity.

Speaking before the Parliamentary Standing Committee on Economic Affairs [Source: Parliament of the Republic of Fiji / Facebook]

“The criminalisation of basic contractual breaches especially those without any element of dishonesty or intent is a dangerous shift in employment law. It punishes good-faith decisions, criminalises human error, and sends a chilling message to investors and employers.”

Nata states we must encourage the mediation process to continue, employment grievance process to take its course, it already exists and is working fine.

“We must encourage the mediation process to continue, employment grievance process to take its course, it already exists and is working fine. We should not amend it and include these criminal provisions.”

FCEF recommends removing all criminal penalties for contract breaches, keeping mediation and grievance processes under Section 35B and restricting criminal sanctions to cases of deliberate exploitation or serious misconduct.

Standing Committee Member Semi Koroilavesau asked FCEF to provide detailed comparisons with existing law to clarify their concerns.

FCEF said it would continue working with the Committee and the Employment Ministry to ensure reforms are fair, balanced and economically sustainable.

FCEF says the changes would expose both private employers and government entities — including permanent secretaries — to increased legal risk and compliance costs, creating a “climate of fear that stifles hiring, innovation, and growth.”

The Federation has recommended that government remove all criminal penalties for employment contract breaches, retain mediation and grievance processes under Section 35B, which FCEF says are sufficient for resolving disputes, and restrict criminal sanctions to cases involving deliberate exploitation or serious misconduct.

“We must encourage the mediation process to continue, employment grievance process to take its course, it already exists and is working fine. We should not amend it and include these criminal provisions.”

During the session, Standing Committee Member Semi Koroilavesau asked FCEF to provide more detailed comparisons with the existing law to help the Committee understand the full context of their concerns.

FCEF says it will continue to engage constructively with the Committee and the Ministry of Employment to ensure that reforms remain balanced, fair, and economically sustainable.

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