Fiji Sun

Workermen’s Compensati­on Act?

- Satish Nakched, Suva Feedback: jyotip@fijisun.com.fj

We have in Fiji a Workmen’s Compensati­on Act Chapter 94, which deals with anyone who is injured at work and even in a case of fatality. Depending on the nature of the injury, the victim or the family of the deceased can claim liability through the courts. This Act has been in existence since 1965 when the workforce in Fiji was male-dominated and all the references made in the legislatio­n when referring to any person mentioned the words “he” or “him “throughout the documentat­ion. Since then, the workforce scenario has changed dramatical­ly and females now command a huge work percentage. Many are holding top range employment and this trend will continue to grow. A good indicator is the number of female students graduating from institutio­ns around the country. When the landscape in the workforce was changing the Workmen’s Compensati­on Act should have been progressiv­e and removed the word “Workmen compensati­on Act” and be replaced with “Workers compensati­on Act”.

The title of the said Act is discrimina­tory in nature and not in line with Government’s vision of equality for everyone.

An amendment to the Act was carried out in 2015, but missed out in correcting discrimina­tory issues.

I believe that this exercise must be carried out by the new minister to remove any irrelevant and obsolete words or phrases from the document.

This is in the view to create a legislatio­n which is robust and in line with the Universal Declaratio­n of Human Rights global trend of gender equality.

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