BACK

1. institute proceedings in respect of any offence committed by any person against any of the provisions of this Act, and may prosecute and may appear in such proceedings;
   
2. institute or appear or institute and appear on behalf of any employee in any civil proceedings by an employee against his employer in respect of any matter or thing or cause of action arising out of or in the course of the employment of such employee.
   

1. enter, inspect and examine any land, building, camp, wharf, vessel or vehicle, or any place whatsoever where or about which any employee is housed or employed or where there is reason to believe that any employee is housed or employed;
   
2. enter, inspect and examine any hospital or dispensary, or any latrines or other sanitary arrangements used or intended to be used by employees in any place or building or any water supply available for the use of employees, and take samples from the said water supply, and inquire and ascertain whether in any such hospital, dispensary or place of employment suitable medicines and remedies are provided for the use of employees;
   
3. inspect and examine kitchens and places in which food provided for the use of employees is stored, prepared or eaten, and inspect, examine and take samples of all such food;
   
4. require any employer to produce any employee employed by him and and documents or records which the employer is required to keep under the provisions of this Act or the Fiji National Provident Fund Act or any other documents or records relating to the employment of such employee, and for this purpose, may by notice in writing served on an employer in accordance with the provisions of subsection (6) of section 2 of the Interpretation Act or in any case by sending it by registered post to an employer's address, require such production at any place reasonably accessible to such employer on a date and at a time specified in such notice provided that the date so specified shall not be less than fourteen days from the date of service of such notice and the notice shall be deemed to have been served upon the employer when the notice would arrive at the nearest post office in the ordinary course of post;
   (Cap. 219. Cap. 7.)
   (Substituted by 31 of 1975, s. 4)
   
5. take or remove for the purposes of analysis samples of material and substances used or handled, subject to the employer or any person acting on his behalf being notified of any samples or substances taken or removed for this purpose;
   
6. interrogate, alone or in the presence of witnesses, the employer or any person employed by him on any matter connected with the employment of any person or the carrying out of the provisions of this Act, and may make application for information to any other person whose evidence is considered to be necessary;
   
7. inquire from any employer or any person acting on his behalf regarding any matters connected with the carrying out of any of the provisions of this Act:
   

1. shall not enter or inspect a private dwelling-house without the consent of the occupier thereof;
   
2. on the occasion of a visit or inspection, shall notify the employer or his representative of his presence, unless he has reasonable ground for believing that such notification may be prejudicial to the performance of his duties;
   
3. is so required by the employer, shall be accompanied during any inspection or examination by the employer or his representative.
   

1. shall not have any direct or indirect interest in any undertaking under his supervision;
   
2. shall not make use of or reveal, even after leaving Government service, any manufacturing or commercial secrets or working processes which may come to his knowledge in the course of his duties.
   
3. shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions relating to conditions of work and the protection of workers while engaged in their work, and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. (Inserted by 2 of 1968, s. 4.)
   

1. the contract shall, until the expiry of the calendar month during which it was entered into, be deemed to be a contract for the period commencing on the day on which it was entered into and terminating on the last day of the calendar month during which it was entered into;
   
2. notwithstanding the provisions of paragraph (a), if, after the termination of such contract under the provisions of that paragraph, a new contract is deemed or presumed to have been entered into under the provisions of section 23 the period of the new contract shall be presumed or deemed, as the case may be, to be the full calendar month next ensuing after such termination.
   

1. a contract specifically expressed to be terminable without notice; or
   
2. a contract specifically expressed to be for one period of fixed duration and not renewable; or
   
3. a daily contract where the wages are paid daily.
   

1. where the contract period is less than one week and wages are paid at intervals of less than one week, at the close of any day without notice;
   
2. where the contract period is one week or more but less than a fortnight or where wages are paid weekly or at intervals of more than a week but less than a fortnight, by not less than seven days' notice before the expiration of such period;
   
3. where the contract period is a fortnight or more but less than a month or where wages are paid fortnightly or at intervals of more than a fortnight but less than a month, by not less than fourteen days' notice before the expiration of such period;
   
4. where the contract period is one month, by not less than one month's notice before the expiration of such period.
   

1. in the case of a contract to which subsection (1) of section 22 applies—
   
2. if such contract is terminated on or prior to the last date by which the minimum notice may be given under section 24, upon payment to the other party of a sum equal to all wages which would have been due to the employee had he continued to work until the end of the contract period;
   
3. if such contract is terminated after the last date by which the minimum notice may be given under section 24, upon payment to the other party of such sum as is required in sub-paragraph (d), together with a sum equal to the wages due to the employee in respect of the period between the last day of the current contract period and the end of the minimum period of notice required to be given under section 24;
   
4. in the case of a contract which may be terminated without notice, upon the payment of a sum equal to all wages which would have been due to the employee had he continued to work until the end of the contract period.
   

1. in the case of an employee employed on a task, as provided for in section 26;
   
2. in the case of an employee employed on piece work, as provided for in section 26;
   
3. in the case of an employee employed to perform a journey, on completion of the journey;
   
4. in the case of an employee employed under a daily contract where, by agreement or custom, wages are not paid daily but are paid at intervals not exceeding one month, in accordance with such agreement or custom:
   
5. Provided that where any such contract is terminated and no new contract is entered into or presumed or deemed to have been entered into prior to the time at which wages are due and payable at the time when such contract is terminated;
   
6. in the case of an employee employed under any oral contract not falling within any of the preceding paragraphs, at the end of the contract period as determined under the provisions of section 22.
   

1. where an employee is guilty of misconduct inconsistent with the fulfilment of the express or implied conditions of his contract of service;
   
2. for wilful disobedience to lawful orders given by the employer;
   
3. for lack of the skill which the employee expressly or by implication warrants himself to possess;
   
4. for habitual or substantial neglect of his duties;
   
5. for continual absence from work without the permission of the employer and without other reasonable excuse.
   

1. Convention" means the Contracts of Employment (Indigenous Workers) Convention, 1939, and the Contracts of Employment (Indigenous Workers) Convention, 1947;
   
2. "contract" means a written contract.
   

1. is made for a period of or exceeding six months or a number of working days equivalent to six months; or
   
2. stipulates conditions of employment which differ materially from those customary in the district of employment for similar work; or
   
3. is a foreign contract of service,
   

1. ascertain that the employee has freely consented to the contract, and that his consent has not been obtained by coercion or undue influence, or as the result of misrepresentation or mistake; and
   
2. satisfy himself that—
   

1. the terms of the contract are in accordance with the requirements of this Act;
   
2. the employee has fully understood the terms of the contract before signing it or otherwise indicating his assent;
   
3. the provisions relating to medical examination which are contained in this Part have been complied with; and
   

1. employment in any agricultural undertaking not employing more than twenty-five employees; or
   
2. employment in the vicinity of the employee's home on work which is not of a dangerous character or likely to be injurious to the health of the employees.
   

1. by the expiry of the term for which it was made; or
   
2. by the death of the employee before the expiry of the term for which it was made.
   

1. that the employee has freely consented to the agreement and that his consent has not been obtained by coercion or undue influence or as the result of misrepresentation or mistake; and
   
2. that all monetary liabilities between the parties have been settled.
   

1. on the expiry of the period of service stipulated in the contract;
   
2. on the termination of the contract by reason of the inability of the employer to fulfil the contract;
   
3. on the termination of the contract by reason of the inability of the employee to fulfil the contract owing to sickness or accident;
   
4. on the termination of the contract by agreement between the parties, unless the agreement otherwise provides;
   
5. on the termination of the contract by order of a court in pursuance of its powers under Part XI on the application of either of the parties, unless the court otherwise decides.
   

1. travelling and subsistence expenses or rations during the journey; and
   
2. subsistence expenses or rations during the period, if any, between the date of termination of the contract and the date of repatriation.
   

1. by the employee's own choice; or
   
2. for reasons of force majeure, unless the employer has been able during the said period to use the services of the employee at the rate of wages stipulated in the contract.
   

1. that the employee has been settled at his request or with his consent at or near the place of employment;