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The proposed Employment Relations Bill could create legal uncertainty and weaken business confidence, according to Jon Apted.

Apted says several key provisions including Form 9, grievance timeframes, unfair dismissal rules and strike powers are flawed and leave employers exposed.

He warns Form 9, which merges civil and criminal procedures, may undermine the rights of the accused.

“Number two, the reason that the criminal forms and the civil forms that have all the detail that they don’t want to give, is to protect the accused. To give them the information they need. So by simplifying, they potentially breach the rights of that person because they don’t get enough information about what they’re charged with and how to defend themselves. The third thing is, simplified forms usually are only justified where it’s the public that has to use them.”

Apted claims the Ministry of Labour is using the form to address internal capacity gaps rather than improve enforcement, noting it is designed for use against the public, not by it.

He also raises concern over unfair dismissal provisions, saying safeguards used in countries like Australia, New Zealand and England such as time limits and compensation caps are absent in Fiji.

Under the bill, grievances could be filed up to six years after an incident, with no limit on compensation, a move Apted warns may discourage hiring.

He adds that proposed rules on working hours, overtime and redundancy fail to reflect the realities of small businesses and flexible industries like tourism and IT.

The bill also impacts collective agreements, requiring employers to offer both individual and collective contracts, while giving unions greater control in negotiations.

Apted says expanded strike powers could allow industrial action over personal disputes, leaving employers with limited options.

He maintains that dispute resolution should remain at tribunal level, warning the bill risks creating uncertainty, increasing legal exposure and failing to address enforcement issues.