The Laws of Fiji
Search
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 211] Jurisdiction of tribunal211
211
- (a)to adjudicate on employment grievances;
- (b)to adjudicate on employment disputes;
- (c)to adjudicate on whether a contract for service is a contract of service;
- (d)to adjudicate on all actions under this Act for the recovery of wages or other money;
- (e)to adjudicate on all actions involving entitlements and related matters provided for by this Act;
- (f)to make a compliance order under section 212;
- (g)to adjudicate on actions for breach of an employment contract;
- (h)to adjudicate on a question connected with the construction of an employment contract, which arises in the course of proceedings properly brought before the tribunal;
- (i)to adjudicate on a question connected with the construction of a provision of this Act or any other written law, which arises in the course of proceedings properly brought before the tribunal, notwithstanding that the question concerns the meaning of this Act under which the tribunal is constituted or under which the tribunal operates in a particular case;
- (j)to adjudicate on matters referred to the tribunal by the Permanent Secretary;
- (k)to adjudicate on matters referred to it by the Mediation Services or any party to the mediation;
- (l)to hear and determine any appeal referred to it under this Act;
- (m)to adjudicate on matters relating to equal employment opportunities under Part 9;
- (n)to adjudicate on any matter relating to trade unions or their members, including whether the rules of a trade union comply with the provisions of this Act;
- (o)to hear and determine any appeal against any notice issued by a labour officer or a labour inspector under section 19;
- (p)to hear and determine any matter under the Workmen’s Compensation Act 1964;
- (q)to hear and determine any appeal against any notice issued by a Health and Safety Inspector under Part 8 of the Health and Safety at Work Act 1996; and
- (r)to exercise other powers and functions as are conferred on it by this Act or any other written law.
(2) Subject to subsection (3), the tribunal has power—
- (a)to adjudicate on matters within its jurisdiction relating to claims up to $40,000; and
- (b)to hear and determine offences against this Act, as are prescribed by regulations.
(3) The tribunal has powers to impose fines not exceeding $2,000 or a term of imprisonment not exceeding 2 years; otherwise, it may refer the matter to the court for sentencing.
(4) The members of the tribunal who are not legally qualified have powers to adjudicate on matters within its jurisdiction relating to claims up to $10,000, however they do not have jurisdiction to hear and determine matters under subsection (2)(b).