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 133] Cancellation or suspension of registration133
133
(2) The Registrar must cancel the registration of a registered trade union if—
- (a)the registration was obtained by fraud or misrepresentation;
- (b)any of the objects of the trade union, have become unlawful and the union fails to rectify any such unlawfulness within the period specified by the Registrar;
- (c)the trade union has wilfully (after prior notice of contravention from the Registrar) contravened this Act, or allowed a rule to continue in force which is inconsistent with this Act, or has rescinded a rule providing for a matter for which provision must be made under section 130; or
- (d)the trade union has ceased to exist.
(3) The Registrar may suspend or cancel the registration of a registered trade union if—
- (a)the accounts of the trade union are not being kept in accordance with this Act;
- (b)registration was obtained by mistake;
- (c)the trade union has been or is being used for an unlawful purpose or for a purpose inconsistent with its constitution or rules; or
- (d)officers of the trade union have persistently and wilfully failed to comply with the provisions of this Act.
(4) If the registration of a trade union is suspended under this section the Registrar must, before the end of 4 months after the date of the suspension, either restore the registration or cancel the registration.
(5) Except in a case falling within subsection (1), the Registrar must give a trade union not less than 2 months notice in writing specifying the grounds on which the Registrar proposes to cancel or suspend its registration and inviting the trade union to show cause in writing within 2 months why the registration should not be cancelled or suspended.
(6) The notice to be served upon a trade union under subsection (5) must be served on any 2 officers from among the secretary, the president and the treasurer of the trade union and the Registrar must in addition advertise the intention to suspend or cancel the registration of the trade union in the Gazette and in at least one newspaper published and circulating in Fiji.
(7) The period of 2 months to show cause specified in subsection (5) commences from the date of publication in the Gazette under subsection (6).
(8) If cause is shown by the trade union under subsection (5), the Registrar may hold an inquiry as the Registrar considers necessary in the circumstances.
(9) Where the Registrar is satisfied that there is no cause why the registration should be suspended or cancelled the Registrar must make an order to the effect that the registration should not be suspended or cancelled.
(10) Where the Registrar is satisfied that the registration of the trade union should be suspended or cancelled, the Registrar must make the order and such order must—
- (a)be dated the date on which it was made;
- (b)specify briefly the grounds for suspension or cancellation; and
- (c)be forthwith served on the trade union.