Duress can occur when an employer or an employer’s repre- EMPLOYERS REASONS FOR DISMISSAL

sentative: MINISTRY OF LABOUR,

• Say that an employee must belong (or must not belong) to If an employee is dismissed, the employer must, when dis- INDUSTRIAL RELATIONS
a union if they wish to keep their job or missing the employee provide a written statement setting out & EMPLOYMENT
• Uses undue influence, offers or does not offer some in- the reasons for the dismissal
centive or advantage, or threatens to disadvantage the

MEDIATION
employee, in order to get an employee to leave or join a

L-R: Nitin Sagar (Registrar), Archana Chand, Neelam Nitika Singh

union or
• Uses undue influence, offers some incentive or advantage

and Ropate Veremalua (Administrative Assistants).

or threatens to disadvantage an employee from acting on

SERVICE

(Western Division Administrative Assistants)

behalf of other employees.

Insert: Merekeleni Coalala & Farisha Khan

Mediation Unit - Support Staff
CHOICE OF PROCEDURE

In some situations, employees believe they have an employ-

ment grievance may also be able to complain under the Fiji Frequently Asked
Human Rights Commission Decree 2009.

This may happen, for example, when an employee believes

Questions
they have been discriminated against or sexually harassed.
They cannot use both procedures for the same complaint.

RIGHTS TO USE PROCEDURES

EMPLOYMENT
An employee who believes that he or she has an employment
grievance may pursue the grievance procedure in person, and
GRIEVANCES
may be assisted by a representative.

An employee must let the employer know about his or her FURTHER INFORMATION &
grievance within the period of six (6) months from the date on GUIDANCE
which the action alleged occurred unless the employer con- We welcome the opportunity to help
sents to extend that period. you further. If you can’t find an answer
to your question, or you want further
If consent is not given by the employer, the Tribunal may, upon
clarification, more detailed infromation
application extend the period, if it is satisfied that there are
good reasons for the delay. or guidance on any matter covered in
this topic, you may ask us a question
Upon granting an application, the Tribunal may hear the griev- through 3314 878 during normal work-
ance or refer the matter to the Mediation Services. ing hours or visit our website:
www.labour.gov.fj
MECHANISM FOR EMPLOYMENT GRIEVANCES
The best way to deal with a workplace problem is to prevent it
from occurring. As employers or employees you should make
sure you have the information and guidance you need, both
when setting up an employment relationship and when prob-
lems arise during the course of employment.
WHAT IS EMPLOYMENT GRIEVANCE?
A grievance that a worker, may have against the his employer
or former employer because of the following claims-
• The worker has been dismissed;
• The worker’s employment, or one or more conditions of it,
is or are affected to the worker’s disadvantage by some
unjustifiable action by the employer;
• The worker has been discriminated within the terms of
Part 9 of the ERP;
• The worker has been sexually harassed in the worker’s
employment within the terms of section 76 of the ERP;
• The worker has been subject to duress in the worker’s em-
ployment in relation to membership or non- membership
of a union.
HOW CAN YOU RESOLVE THE GRIEVANCE?
The first steps are very important. You should try in good faith
to resolve any grievances yourselves before seeking a third
party intervention or going to the Ministry of Labour & IR. Even
if you do have to pursue the problem further, discussing and
clarifying the grievance first will save time in those processes.
The following steps are a guide to resolving an employment
grievance.
Be clear about the facts
• Make sure that what you think has happened or is happen-
ing is not just based on an assumption you have made or
a misunderstanding.
Talk to each other
• Employers and employees should try to resolve the griev-
ance by discussing it with each other. Both parties are re-
sponsible for this. If an employee believes they have an
employment grievance, they must raise it with their em-
ployer within 6 months from the date on which the alleged
again occurred unless the employer consents to extend
that period.
Clarify whether you do have a grievance
Discuss your grievance with family, friends or advisers to clarify
what the problem actually is. You will need to find out what the
law is and/or what your employment contract says. You can:
• Search this site (www.labour.gov.fj) for basic information
on employment rights, entitlements and your responsibili-
ties as well as information on employment contracts and
employment law.
NEXT STEPS
If the grievance is not resolved by discussion, either party may:
• Take the employment grievance to the Compliance Sec-
tion, Ministry of Labour for a decision. The Ministry will
consider whether there is still a chance to resolve the
grievance by mediation. If so, they may direct the parties
to discuss other ways to resolve the problem.
• Employees may ask a Labour Inspector to investigate the
matter for them if the matter is covered by minimum rights
legislation such as the Wages Regulation Order.
RIGHTS TO REFER
The Employment Relation Promulgation 2007 gives all employ-
ees the right to pursue a personal grievance if they have any of
the following complaints:
• Dismissal
• Unjustifiable action which disadvantages the employ-
ee
• Discrimination
• Sexual harassment
• Duress
Dismissal
Any dismissal may result in a valid personal grievance for un-
justifiable dismissal if:
• The dismissal itself was not fair or reasonable
• The dismissal has been carried out in an unfair way
Unjustifiable action resulting in disadvantage
Employees may have a personal grievance if an employer
does anything unjustifiable which disadvantages an employee
in the job or work condition
Discrimination
An employee will have a personal grievance based on dis-
crimination if an employer or an employer’s representative dis-
criminates because of the employee’s:
• Colour, gender, religion, political opinion, national extrac-
tion, sexual orientation, age, social origin, marital status,
pregnancy, family responsibilities, state of health including
real or perceived HIV status, trade union membership or
activity or disability in respect of recruitment, training, pro-
motion, terms and conditions of employment, termination
of employment or other matters arising out of employment
relationship.
Sexual Harassment
An employee may have a grievance of sexual harassment in
his or her workplace or place where workers are gathered for
work related purposes including social activity, when an em-
ployer or its representative or a co-worker-
• Directly or indirectly asks the employee for sex or some
form of sexual activity, either promising preferential treat-
ment in the job or threatening worse treatment or dismissal
• Directly or indirectly subjects the employee to unwelcome
or offensive behaviour through words, visual material or
physical behaviour of a sexual nature, and this behaviour
is of such a nature, or is repeated so often, that it has
negative effects on the employee’s employment, job per-
formance or job satisfaction.
Duress over membership of unions
In some situation, employees could be subjected to duress
• by their employer because of their membership or non-
membership of a union.