Fiji Sun

ATS saga and ILO convention '98

Suva Susana Tuisawau,

- Feedback: jyotip@fijisun.com.fj

The case regarding some ATS workers who are still on strike is to me a very clear one that could have been immediatel­y solved by the Permanent Secretary for Labour in the first place.

The reason being is that in my view, it is at times like this when a standoff takes place at the workplace between an employer and a workers union that the ministry should quickly refer to all labour laws that govern workers and employers.

My reading of the situation is that this was a clear violation of workers’ rights under ILO Convention 98, which the Fiji Government had ratified.

Article1:1 of the Convention stipulates that “Workers shall enjoy adequate protection against acts of anti-union discrimina­tion in respect of their employment” .

Article 1:2 (b) clarifies this by stating that “Such protection shall apply more particular­ly in respect to acts calculated to “cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participat­ion in union activities outside of working hours or with the consent of the employers, within working hours”.

Now, in this case the ATS workers have been approved shareholde­rs by their employers or their authority.

Hence, to me, attending the ATS shareholde­rs’ meeting is supposed to be a given authorised activity for the workers.

This should have been pointed out to the ATS employers and all would have been resolved.

Article 2 of the Convention further elaborates that “… workers and employment organisati­ons shall enjoy protection against interferen­ces by each other or each other’s agents or members in their establishm­ent, functionin­g or administra­tion.”

Hence, the attendance by workers of this meeting was I believe one in which the workers were exercising their right and hence was a legitimate everyday union activity.

The Prime Minister had said to keep within the law. I believe that the employers should be asked to respect the Labour Convention, which the Fijian Government had ratified, that is the law.

Newspapers in English

Newspapers from Fiji