Managing workers grievances better.

The Labour and Employment Relations Amendment Bill 2020 requires new rights at work, and it will give labour inspectors new responsibility and power to participate in attempting to resolve labour disputes through conciliation.

Currently the labour inspectors has limited resources and experience in resolving labour disputes. In addition, there is a largely a new team of labour inspectors. The Ministry of Commerce, Industry and Labour (MCIL) therefore needs to empower the labour inspectors to fulfil the new obligations in the conciliation of grievances, including on sexual harassment.

MCIL, legal practitioners and the ILO Office in the Pacific facilitated a skills development workshop to  familiarize the labour inspectors with the new responsibilities and on the process of conciliating labour disputes.

Prevention and resolution of labour disputes (grievances and conflicts) is central to ensuring access to justice in the world of work.

Access to justice is an essential element of ensuring the rule of law and is related to the SDG 16 - Peace, Justice and Strong Institutions that includes the goal to “provide access to justice for all.”  Access to labor justice requires regulatory frameworks that extend and protect rights of every worker. It also requires well-functioning mechanisms for the effective prevention and resolution of labour disputes. This includes procedures to examine workplace grievances; institutions to conciliate, mediate and/or arbitrate disputes; and courts able to make final, binding decisions.

ILO Standards also emphasize that those who work in the labour administration – including in labour dispute prevention and resolution – should be suitably qualified, have access to training, and be immune to improper external influences. They should also be properly resourced, so as to be effective, and to remain impartial in the performance of their duties.

With the support of the International Labour Organization, the participants benefitted from the expertise of ILO International Labour Standards specialist for Pacific Island Countries Mr. Colin Fenwick, Dispute Resolution professional Mr. Clive Thompsen, and Conciliation experts from the Fair Work Commission, including a session with the Fiji Women’s Rights Movement and their Samoa focal point Brown Girl Woke.

The skills development training  is part of the Ministry’s aim to improve access to justice for workers in the private sector through a well-functioning dispute resolution system for labour grievances that will provide certainty to both businesses and workers.