Following a report regarding inhumane working conditions by local and migrant workers who are currently engaged in construction work at a resort in Rakiraki, the main contractor Shiu Nandan, also known as Bhima and sub contractor Pacific General Builders have been penalised by the Ministry of Employment, Productivity and Workplace Relations.
The Ministry has named the companies involved after Rup Investments Limited clarified that Wananavu Beach Resort in Rakiraki is not the company under probe for housing workers in a poorly ventilated shipping container following a report in the Fiji Times.
This clarifies that the company being talked about is not Rup Investments Limited.
The Ministry had earlier said that Bhima Construction was the main contractor, however after Bhima Construction raised concerns with fijivillage News that they had nothing to do with this, the Ministry confirmed that it is not Bhima Construction but Shiu Nandan who is also known as Bhima.
The Ministry says Labour Standards and Occupational Health and Safety Compliance officials conducted a joint investigation over the inhumane treatment of workers by the company.
Minister for Employment, Agni Deo Singh says the issues are serious which include inhumane living conditions, unpaid wages and lack of proper personal protective equipment.
He says the workers were found to be housed in a shipping container within the resort premises, lacking proper ventilation.
Singh says cooking inside the container posed severe risks including suffocation, burns, electrocution, and explosion.
While responding to questions by fijivillage News, Singh confirms the workers have been relocated.
He says Shiu Nandan has been issued with a stop work order while Pacific General Builders have been fined $10,000.
He further says the employer failed to pay the current applicable wage rates as required by law and the provision of proper personal protective equipment was not provided to the workers which compromises their safety.
The Ministry has issued a requisition notice to the construction company to obtain necessary documents as required under the Health and Safety at Work Act 1996.
Singh says similarly, an Improvement Notice as well as prohibition notice was issued to both the employer and the resort to stop work and relocate workers to a proper accommodation with decent living conditions as this is a breach of Health and Safety at Work Act and the Health and Safety at Work (General Workplace Conditions) Regulations 2003.
He says in failing to pay the minimum wage rates as required under Section 55 (2) of the Employment Relations Act (ERA) 2007, a fixed penalty was imposed on the employer, and the enforcement team ordered the removal of workers from the current accommodation and directed the employer to find alternative and suitable housing.
The Minister says the contractors were given stop work notice until workers are relocated and provided with proper personal protective equipment.
He says they have also been advised to pay workers for a period of stop work as it is not their fault.
Singh stresses the Ministry will not tolerate such inhumane treatment for both local and migrant workers and will ensure that non-compliant employers are taken to task.
He says due to breaches under the employment laws, the construction company will be issued a fine of $10,000 for failing to fulfill the ‘duty of care’ provisions as stipulated under Section 9 (1) and (2) of the Health and Safety at Work Act.
Singh says the fine must be paid by 11th November.
The Minister says in line with the Employment Relations Act review, the increase in penalty fines due to non-compliance by employers is being considered as part of the review as a deterrent for future misconduct.
He adds workers must be treated with respect, dignity and fairness; and all employers must uphold the highest standards of employment practices for a safe and healthy working environment for all.
Singh also highlighted that the Division of Anti-Human Trafficking Services of the Fiji Police Force has been alerted to investigate potential elements or indicators of forced labour or human trafficking.
Police confirm that the CID Headquarters Human Trafficking Unit is investigating the matter.
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