Sexual harassment fine increase proposed

“Fines for sexual harassment and other forms of harassment have been increased; fines for individuals are $50,000 and up to $200,000 for a company,” he said. 

Tuesday 14 January 2025 | 15:02

A proposed increase in fines for sexual harassment and other forms of harassment drew significant attention at the public consultation on the Employment Relations Act 2007 (ERA) and the WorkCare Bill 2024, held yesterday in Nadi.

The consultation, attended by a good number of workers, employers, trade union representatives, and other relevant stakeholders, was held at the Tanoa International Hotel.

The consultation was for the Ministry of Employment, Productivity, and Industrial Relations to gather public feedback on the proposed amendments to the ERA.

Minister Agni Deo Singh and Acting Permanent Secretary Atish Kumar facilitated the discussions.

Mr Kumar outlined some of the key proposed amendments to the ERA, including a notable change to penalties for sexual harassment.

He explained that, in response to tripartite discussions, penalties for harassment have been revised, with a particular focus on increasing fines.

“In line with the tripartite comments, generally penalties of imprisonment have been removed unless it is a serious criminal offence. Throughout the ERA, fines have been increased for example in the following sections,” Mr Kumar said.

He highlighted the proposed changes to Section 76, which deals with harassment penalties.

“Fines for sexual harassment and other forms of harassment have been increased; fines for individuals are $50,000 and up to $200,000 for a company,” he said.

“Additionally, fines for harassment could reach up to $40,000 for any individual, up to $200,000 for a corporation, and/or up to three years imprisonment.”

The consultation is part of a broader review of the ERA and ensure that the law is updated in line with international standards, particularly the International Labour Organisation (ILO) conventions that Fiji has ratified.

The review process also involved input from two independent ILO consultants who have been working on the ERA matrix, a document detailing proposed amendments and research on legislative compliance.

As the consultation continues, stakeholders will have the opportunity to weigh in on these proposed changes, which aim to improve workplace protection and accountability in Fiji.

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