Praneeta Prakash 
The Fiji Hotel and Tourism Association is warning that Section 75A of the proposed Employment Relations Amendment Bill could create confusion and legal risks for employers.
Chief Executive Fantasha Lockington states the harassment provisions are vague, inconsistent with the Human Rights and Anti-Discrimination Commission Act.
She points out that it leaves employers unsure about what constitutes unlawful conduct.
“The broad and undefined scope of harassment, which includes verbal, physical and visual harassment, also raises concerns about how subjective claims will be assessed and whether normal workplace interactions could be misinterpreted as unlawful behaviour.”
Lockington stresses the law must clearly define reasonable steps employers should take to prevent, investigate, and address harassment.
“It must clearly define what constitutes a reasonable step by an employer to prevent, investigate or address such issues, because it currently does not. The definition of harassment is circular and focuses solely on the harm experienced by workers.”
Fiji Commerce and Employers Federation’s Board Member Sandeep Chauhan calls the proposed provision poorly drafted and urges the government to review it.
The FHTA and FCEF insist the amendment must strike a balance, ensuring workplaces are safe while avoiding legal uncertainty that could undermine business confidence.
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