Litia Cava 
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The Employment Ministry has made it clear that the proposed $1 million fine and 20-year jail term under the Employment Relations Bill will not apply to employers who make honest mistakes but to those who intentionally cheat their workers.
The clarification came during the Parliamentary Standing Committee on Economic Affairs consultation in Nadi, where an employer questioned whether accidental underpayment could lead to such severe punishment.
Deputy Secretary for Operations Atish Kumar said the law draws a clear line between human error and deliberate wage theft.
He said employers who underpay by mistake have the right to explain themselves before any penalty is imposed.
“I wouldn’t be able to tell you today that okay this will be the fine, no. It’s up to 1 million, that will be decided by the court depending on the severity of the offense and of course how it has been committed.”
Kumar said the ministry’s role was to investigate complaints and determine whether a case was accidental or intentional.
Only deliberate breaches are taken to the Employment Tribunal or the Employment Court.
Kumar said wage theft remains a serious concern, noting that the ministry has recovered millions of dollars in unpaid wages, leave and other benefits from employers who continue to breach basic employment laws.
He adds that the proposed penalties are designed to deter employers who knowingly exploit their workers and to protect employees’ rights under the law.
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