Dispute Act Essay

1331 WordsJun 16, 20146 Pages
Dispute Resolution Mechanisms in Fiji: Prior to & after Employment Relations Promulgation (ERP, 2007) in Fiji A. HISTORY: Labour Legislation Prior to ERP 1. Trade Dispute Act (1973) • After independence in 1970, Ratu Mara led govt passed this legislation. • (i) The main reason was to have a proper & orderly way to solve IR disputes. Legislations are needed so that employers & TU know how to solve disputes & maintain industrial peace. (ii) So that the national economy does not suffer because of strike, etc. • Only employers & TU (unionised workers) could lodge a dispute ie non-unionised workers could not report disputes. • A dispute was called “trade dispute”. 2. Trade Dispute Act (Amendment) Decree 1992 1. After 1987 coup, Rabuka led govt passed this legislation. Govt wanted to take greater control of IR environment. Changes: 1. Rabuka govt demarcated 2 types of disputes (i) “dispute of right” and “dispute of interest”. (Under Mara govt- it was only one called “trade dispute”). 2. Only employers & TU (unionised workers) could lodge a dispute ie non-unionised workers could not report disputes. 3. Four Labour Reforms- i) TU must have 50% of workers as members to be recognised by govt & employers. ii) Govt official to be present in Annual TU meetings. iii) Secret ballot during TU meeting. (eg election of officials). iv) 50% of workers must say yes to strike action. 3. Employment Relations Promulgation (2007). 1. Employment Relations Promulgation (2007) further demarcated- `employment grievance' & `employment dispute'. 2. ERP (2007). Both unionized & non-unionized workers could lodge dispute. Class Discussion – 10-15

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