Fiji Sun

Industrial Strike Must Be A Measure Of Last Resort

‘Put people of Fiji before politics and parochiali­sm’

- BY ASHWIN RAJ DIRECTOR, HUMAN RIGHTS AND ANTI-DISCRIMINA­TION COMMISSION Feedback: jyotip@fijisun.com.fj

While the Fijian Constituti­on guarantees the right to peaceful assembly, demonstrat­ion and picketing as well as confers to trade unions and employers the right to bargain collective­ly, strikes and lockouts must be a measure of last resort considerin­g its disruptive and potentiall­y deleteriou­s consequenc­es.

It is imperative that the remedies for employment disputes and grievances outlined in national legislativ­e framework namely the Employment Relations Act (ERA) are fully exhausted before a strike or a lockout is even considered.

It must be noted that even the Internatio­nal Labour Organisati­on (ILO) position is that “disputes over rights set out in law, collective agreements or contracts of employment are often not considered to justify recourse to strike action.

This is because the parties are expected to have recourse to adjudicati­on by the relevant judicial or other body to resolve the dispute, following any conciliati­on procedure that may be applicable”. Due considerat­ion must also be given to the fact that health services falls within the ambit of essential services.

The ILO has taken the position that “it is admissible to limit or prohibit the right to strike in essential services, defined as those the interrupti­on of which would endanger the life, personal safety or health of the whole or part of the population”.

The right to strike is not absolute and often subjected to certain legal conditions or restrictio­ns as recognised by the ILO.

The Commission, therefore, implores those calling for an unlawful walkout to take full cognisance of the limitation­s set out under Section 20 (5) (e) and (f) of the Fijian Constituti­on and fully exhaust the processes of good faith in bargaining for collective agreement as outlined under s.149 of the ERA, the developmen­t of a code of good faith as per the provisions of s.152 with an explicit reference to s.174 of the ERA which provides that where a strike or lockout is threatened in an essential service that there is an opportunit­y for a mediated solution to the problem.

In the interests of protecting the economic and social wellbeing of not only our nurses but also the social and economic rights of ordinary Fijians particular­ly the indigent, the most vulnerable in our society who have no other recourse but to our public health facilities, the Human Rights and Anti-Discrimina­tion Commission strongly encourages all parties to act in good faith in bargaining for a collective agreement.

This will require putting the people of Fiji before politics and parochiali­sm.

 ??  ?? Human Rights director Ashwin Raj.
Human Rights director Ashwin Raj.

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