Employers warn new Bill could criminalise minor workplace errors

Leading employers have raised alarm over new provisions in the Employment Relations (Amendment) Bill.

They say that minor workplace mistakes could now lead to criminal charges.

The Fiji Commerce and Employers Federation (FCEF) and the Employment Relations Advisory Board reps during their Parliament submissions on Tuesday, noted that proposed amendments risk “criminalising” routine business decisions and administrative oversights.

Appearing before the Standing Committee on Economic Affairs, employment relations representative Watisoni Nata said the bill’s new clauses introduce criminal penalties for basic contractual breaches that are civil in nature.

He described the move as “dangerous and disproportionate”.

“You could be charged for failing to give a written dismissal letter, something that happens often in small businesses without human resource staff,” Mr Nata said.

“These are not acts of exploitation. They are procedural errors that should be corrected, not punished with criminal sanctions.”

Such changes can scare investors and employers and create a climate of fear among small business owners.

Committee member Semi Koroilavesau said more details were needed since they were not reviewing the old law.

Mr Nata said the new fines and penalties assume that all employers were large corporations and failed to consider the realities of small and medium enterprises (SMEs).

“We’re not against accountability, but criminalising every administrative mistake is punitive and economically reckless.”

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