The Laws of Fiji
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Last Updated: 5 December 2023
AN ACT TO PROVIDE A STATUTORY FRAMEWORK WHICH PROMOTES THE WELFARE AND PROSPERITY OF ALL FIJI’S PEOPLE BY—
- (A)CREATING MINIMUM LABOUR STANDARDS THAT ARE FAIR TO WORKERS AND EMPLOYERS ALIKE, AND TO BUILD PRODUCTIVE EMPLOYMENT RELATIONSHIPS;
- (B)HELPING TO PREVENT AND ELIMINATE DIRECT AND INDIRECT DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF RACE, COLOUR, GENDER, SEXUAL ORIENTATION, AGE, PHYSICAL OR MENTAL DISABILITY, HIV/AIDS STATUS, MARITAL STATUS, FAMILY RESPONSIBILITIES, PREGNANCY, RELIGION, POLITICAL OPINION, NATIONAL EXTRACTION OR SOCIAL ORIGIN;
- (C)PROVIDING A STRUCTURE OF RIGHTS AND RESPONSIBILITIES FOR PARTIES ENGAGED IN EMPLOYMENT RELATIONS TO REGULATE THE RELATIONSHIP AND ENCOURAGE BARGAINING IN GOOD FAITH AND CLOSE OBSERVANCE OF AGREEMENTS AS WELL AS EFFECTIVE PREVENTION AND EFFICIENT SETTLEMENT OF EMPLOYMENT RELATED DISPUTES;
- (D)ESTABLISHING THE MEDIATION SERVICES, THE EMPLOYMENT RELATIONS TRIBUNAL AND THE EMPLOYMENT RELATIONS COURT TO CARRY OUT THEIR POWERS, FUNCTIONS AND DUTIES;
- (E)ENCOURAGING CONSULTATION BETWEEN LABOUR AND MANAGEMENT IN THE WORKPLACE FOR BETTER EMPLOYMENT RELATIONS AND PRODUCTIVITY IMPROVEMENT;
- (F)COMPLYING WITH INTERNATIONAL OBLIGATIONS AND GIVING EFFECT TO THE CONSTITUTION; AND
- (G)FOR RELATED MATTERS.
[EMP 104] Restriction on termination104
104
(2) Where a termination occurs while a woman is pregnant, the burden of disproving that the termination was related to that condition rests with the employer.
(3) If, after 3 months from the expiration of her maternity leave, a woman remains absent from work, as a result of illness (certified by a registered medical practitioner) arising out of her pregnancy or the birth of her child rendering her unfit for work, her employer may give her notice of termination.
(4) If a woman is terminated under subsection (3) she is deemed to have been employed up to and including her period of maternity leave for the purpose of computing her period of employment under this Part.