Employment Relations (Amendment) Decree 2011

“Cabinet, on the strength of a submission from the  Attorney-General,  Aiyaz Sayed-Khaiyum, has approved the Employment Relations (Amendment) Decree 2011. 

The Attorney-General said that the Decree amends the Employment Relations Promulgation 2007 by replacing section 3 to exempt Government and other Government entities from the Promulgation with the provision that Government and other Government entities are subject to the Employment Relations Tribunal for claims under the Workmen’s Compensation Act [Cap. 94] and Health and Safety at Work Act 1996.

He said that it also inserts a new section to: terminate proceedings against the Government or any Government entity which has been brought by virtue of or under the Promulgation; and terminate any orders of the Employment Relations Tribunal or Employment Relations Court which involves the Government or any Government entity.”

Comment.  The Attorney-General is not reported as giving any reason for this amendment.  From what has been reported,  I cannot image what good reason there is to make a special case for public servants by exempting them from the 2007 Promulgation.  Further, there seems to have been no consultation with stakeholders,which is unusual,  and no account has been taken of opposition to the amendment by responsible civic society organizations.  I have asked for a copy of the amendment. This is not the way to win friends.

Comments

No surprise said…
Why the surprise Croz ? This amendment is simply to make life easier for the self appointed military government. They really can't be bothered with consultation and consider due process below them. They do as they please and this removes the hassel they may have to go thru when sacking staff or shuffling staff around or changing awards or salaries.

The only odd thing about this one is they are changing their own decree but then again most of the originla government is gone now and the AG didn't have the power back then he has now.

It is intersting that this covers a massive amount of the employed population because it includes government and semi government entities as well - think FEA, FijiPost, FHL, Port, HFC...

No surpise in all this and completely consistant with the a move to a hybrid of a China/Singapore model. Easy hey ?
Why bother consuting said…
It's good to be the king. Why consult when you don't have to ? Why bother with reasons when no one can hold you accountable. Why follow your own rules when they don't suit you ?

And as to 'cabinet approved' what rubbish. There is no real cabinet, no real debate and ertainly nothing gets rejected by cabinet.
Don't be frustrated said…
I get the sense that Croz and CFC are getting frustrated because despite thier support for the coup and military and despite their politeness and positivity they are ignored just like any person not in military inner circle. And just like every other person who has a alternate view on anything.
BASA said…
Parmesh Chand has been having problems dismissing several senior civil servants. This ammendment means that no Government employee can sue for unjustifiable dismissal so it is easier to cull those that are deemed unsuitable irrespective of their work history.
Window dressing is not reform said…
Cros
There is no opposition in Fiji. The nation is currently run by a military regime. A dictatorship.They don't have to answer to anyone and certainly don't need dialogue other than people agreeing with 'yes please' or 'thank you' responses?
As for 'responsible civil society organisations' - they have been effectively silenced Cros. All we have left are those who bark a little, run around in circles - but like a little poodle are essentially harmless and achieve very little.
Anonymous said…
What in the world would make you think this government is the slightest bit interested in winnng friends ?
Give up Croz said…
Croz,
The reasson for this amendment is clear for all to see. The regime is going to dramatically downsize the civil service and they want stop the civil servants from having a legal way to fight back.

The lack of consultation is the normal way for the regime.

Not wanting to make friends is the normal way for the regime.

This is what life is like in Fiji.

When will you realise that Frank's way is no longer the best way for the country. Frank's way is only good for Frank and his cronies.

I admire your dogged and loyal support for the regime, but at last I can see from your comment that you are beginning to crack.

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