Employers question $200,000 fine for workplace sexual harassment

Employers are questioning why an organisation could be fined up to $200,000 for sexual harassment occurring on its premises, according to a proposed amendment to the Employment Relations Act.

The amendment proposes that any worker or person who sexually harasses another worker or a child in the workplace, as well as any employer who fails to take reasonable steps to prevent or stop sexual harassment of their workers, commits an offence.

Individuals found guilty would be liable for a fine not exceeding $50,000, while companies could face fines of up to $200,000.

While speaking during a consultation on the review of the Employment Relations Act with the Fiji Commerce and Employment Federation at the Holiday Inn, an employer raised concerns about why a company would be fined and questions whether the penalty should apply to the company or the individual who committed the offence.

Employment Ministry’s Deputy Secretary for Operations, Atish Kumar, says there is a national policy on sexual harassment, and every employer must make an effort to educate their workers on this process.

He stresses that employers have a responsibility to report such matters.

Meanwhile, the deadline for written submissions has been extended to this Friday.