Prominent lawyer Jon Apted

Prominent lawyer Jon Apted has welcomed the advice of the Solicitor General to pause the Employment Relations Act review process, urging the government to allow for broader public consultation before any new bill is presented to Parliament.

Apted, who has extensive experience in employment law dating back to 1997, criticized the Employment Ministry’s handling of the review process, describing it as too closed and lacking sufficient input from employers, workers, and other relevant government departments.

Apted says the review of employment law is a significant process, one that impacts employers, workers, and trade unions alike.

He stresses that it’s essential that it be transparent, inclusive, and responsive to the changing nature of work in Fiji.

“All of this has been happening behind closed doors. Is that tripartism? I don’t think so. Because tripartism is not just about reps, it’s about members. It’s about real people like you, the people whose money is on the line. You have to be able to input into the laws that will govern your activities, and make your activities work or not work.”

Apted shares that the process had also ironically excluded other government departments that have an interest in labor law like the Justice Department and Trade & Commerce.

Apted highlights the need for a review that considers not just the existing legal framework but also new developments in the workplace, such as remote work, flexible hours, and the rise of the business process outsourcing (BPO) industry.

He expresses concern that the draft amendments, which have been under discussion within the Employment Relations Advisory Board (ERAB), focus primarily on traditional industries, leaving modern workplace trends unaddressed.

Apted adds that the ERA has been in place for 17 years, with only a few amendments during that time however it needs a comprehensive review, particularly in light of digital transformation and changing expectations from younger workers.