MINISTRY OF LABOUR,

INDUSTRIAL RELATIONS
& EMPLOYMENT

RIGHTS TO USE PROCEDURES MEDIATION

An employer/trade union who believes that it has an em-
ployment dispute may pursue the dispute procedure. SERVICE
The grieving party must let the other know about its dis-
pute within the period of six (6) months from the date on
which the action allegedly occur by forwarding the report
Frequently Asked
to PSLIRE and a copy to the other party.
Hon. Minister for Labour, IR & Employment
Questions
If the PSLIRE rejected the employment dis- pute, the Tri-

EMPLOYMENT
and Chief Guest Mr. George Lim - Launching of
bunal may, upon an appeal by the grieving party accept
Mediation Service.
the employment dis- pute, if it is satisfied that there are
good rea- sons to do so. FURTHER INFORMATION &

Upon granting an application, the Tribunal may hear the
employment dispute or refer the matter to the Mediation
Services.
DISPUTES
GUIDANCE
We welcome the opportunity to help
you further. If you can’t find an answer
to your question, or you want further
clarification, more detailed infromation
or guidance on any matter covered in
this topic, you may ask us a question
through 3314 878 during normal work-
ing hours or visit our website:
www.labour.gov.fj

Coverpage Photo:
L – R Permanent Secretary for Labour, IR & Em-
ployment and Chief Guest Mr. George Lim and Hon.
Minister for Labour, IR & Employment at the Head
Table during the launching of Mediation Service.
MECHANISM FOR EMPLOYMENT DISPUTES HOW CAN YOU RESOLVE THE DISPUTE? You can:
• Search this site (www.labour.gov.fj) for basic infor-
The best way to deal with an employment dispute is to The first steps are very important. mation on employment rights, entitlements and your
prevent it from occurring. As employers or employees or responsibilities as well as information on employ-
trade unions you should make sure you have the infor- An employer and trade union should try in good faith to re- ment contracts and employment law.
mation and guidance you need, both when setting up an solve any dispute before seeking a third party intervention
employment relationship and when problems arise during or going to the Ministry of Labour & Industrial Relations & NEXT STEPS
the course of employment. Employment. Even if you do have to pursue the problem
further, discussing and clarifying the dispute first will save If the dispute is not resolved by discussion, either party
Who needs this information? time in those processes. The following steps are a guide may:
to resolving an employment dispute.
• Anyone who has a paid job or who employs other Report the employment dispute to the Permanent Secre-
people in paid work Be clear about the facts tary for Labour & Industrial Relations & Employment for
• Employers who want to know what they now have to a decision. The PSLIRE will consider within a timeline of
do when there is a dispute in the workplace Make sure that what the grieving party think has hap- 30 days and direct the parties for mediation or refer the
• Employees who feel they have been treated unfairly pened or is happening is not just based on an assump- matter directly to Employment Relations Tribunal if the
at work or when they have been dismissed, made re- tion you have made or a misunderstanding. matter in dispute requires interpretation of law/collective
dundant or discriminated against agreement.
• Trade unions who want to know what they have to do Talk to each other
when there is a dispute in the workplace.
Employers and the trade union should try to resolve the
WHAT IS AN EMPLOYMENT DISPUTE? dispute by discussing it with each other. Both parties are
responsible for this. If party believes it has an employment
1. A dispute that a trade union, may have against a un- dispute, it must raise it with the other party within 6 months
ion member’s employer. from the date on which the action alleged occurred.
• On charges/amendments to their existing collec-
tive agreement. Clarify whether you do have a dispute.
• A dispute that an employer may have against the
union for breaching the collective agreement. Discuss the dispute with professionals or advisers to
• A dispute that a trade union may have against the clarify what the problem actually is. You will need to find
employer for breaching the collective agreement out what the law is and/or what the collective agreement
or the minimum standards of employment stipu- says.
lated under the Employment Relations Promul- Chief Guest Mr. George Lim from Singa-
gation 2007. pore Mediation Centre (SMC) sharing SMC
experience on Mediation to the guests.