| || || Lako, Jone Fuala.|
| || || A critical evaluation of the 'employment relations promulgation 2007' and social partners in Fiji : concerns, delimmas and implication for future employment relations|
Author:Lako, Jone Fuala.
Institution: University of the South Pacific.
Call No.: pac In Process
Copyright:Under 10% of this thesis may be copied without the authors written permission
Abstract: Fiji’s long pending labour reform becomes reality through the complete overhaul of the old labour legislation with the drafting of the ‘Industrial Relations Bill 1997’. It was modernized during the formulation process that resulted in the ‘Employment Relations Bill 2004’. It was enacted as the ‘Employment Relations Promulgation 2007’ by the Bainimarama led interim Government. The change was adamant due to the well-known phenomenon that industrial relations connote adversarial approach to employment grievance and disputes. It originated from ‘industrial revolution’ where the politics of “divide and rule” was the order of the day. Fiji was exposed to this norm during her colonial history until independence, fueled by the colonial legislation design and culture that promoted confrontational approach. Fiji like any developing country cannot afford to continue to exist under this unproductive development. For Fiji to compete with the developed countries urgently need to introduce new policy measures that would effect the desired outcomes in how employment relationships are conducted. As such, the ‘Employment Relations Promulgation 2007’ was intended to overhaul the underlining principles of Fiji’s old labour legislation. This does not only do away with the confrontational nature of employment relationships. It also bridges the gap of the relationships between workers and employers based on mutual trust, respect, dignity and fair dealing. This Thesis critically evaluates the ‘Employment Relations Promulgation 2007’ in the new industrial and employment relations’ environment through: i. The examination of the development and the formulation process of Fiji’s labour legislation leading up to the ‘Employment Relations Promulgation 2007’. ii. The examination of the role of social partners and their major concerns and the processes involved in the development of the ‘Employment Relations Promulgation 2007’. iv The Thesis is also aimed to compare and contrast between the previous (old) and the current (new) legislation. Whilst Chapter 1 justifies the rationale of the study, Chapter 2 explores the methodological framework. Chapter 3 reviews the theoretical and literature of the Thesis whilst Chapter 4 examines the historical development of industrial relations in Fiji. The formulation of the ‘Employment Relations Promulgation 2007’ (stages of development) is examined in Chapter 5 while Chapter 6 critically evaluates the new legislation (‘Employment Relations Promulgation 2007’). Chapter 7 examines the research result and the implications of ‘Employment Relations Promulgation 2007’ for future industrial relations environment with relevant social partners and their concerns whilst Chapter 8 summarizes the findings, provides some suggestions and the concluding remarks. The Thesis identifies some of the fundamental issues of industrial and employment relations in Fiji. It also provides interesting findings that is useful for the review of the labour legislation in the future and adds valuable literature to the discipline for future research.