Concerns raised over excessive powers of Labour Officers in proposed Employment Relations Bill

Significant concerns have been raised regarding Section 19A of the proposed Employment Relations Bill, which grants broad and far-reaching powers to labour officers.

Fiji Hotel and Tourism Association CEO, Fantasha Lockington highlighted these concerns to the Parliamentary Standing Committee on Economic Affairs during consultations on the Bill.

Lockington says that the powers under this section go beyond what is allowed for police officers.

She explained that under the proposed legislation, labour officers would have the authority to enter and inspect workplaces without consent, access private residences and demand employment records, among other powers.

The CEO says such powers breach constitutional protections against unreasonable search and seizure and undermine the principle of separation of powers, which requires alleged breaches of the law to be determined by the courts rather than officers of a ministry in the executive branch.

Lockington also focused on the potential disruption to business operations caused by unrestricted access to workplaces, as well as the criminalisation of non-compliance with labour officers directives.

She says that the framework assumes officers are always correct, disregarding intent, mitigating circumstances, or the possibility of wrongful action.

The CEO further says that powers as drafted in Section 19A essentially allow labour officers to act as judge and jury, which risks abuse of authority.

The CEO strongly recommends that the excessive powers in Section 19A be removed so that labour officers are subject to the same limitations as other law enforcement arms of government.

She adds that the Bill must also include clear guidelines and accountability measures to ensure that labour officers exercise their powers fairly and proportionately.