Exemption of Civil Servants from the Provisions of the Employment Relations Promulgation (ERP 2007)

 

The Citizens’ Constitutional Forum is concerned that the Government has exempted civil servants from the provisions of the Employment Relations Promulgation.

According to CCF Chief Executive Officer Reverend Akuila Yabaki the decision would reflect badly as an attempt by Government to evade its legal responsibilities under the ERP.

“Such exemption is unfair as it will restrict worker’s freedom and right to seek independent legal recourse as an aggrieved civil servant will not have the avenue to have his or her grievance addressed. The Public Service Disciplinary Tribunal only deals with alleged breaches of the PSC Code of Conduct and allegations of abuse of office and it does not provide civil servants with avenue to raise concerns on unfair treatment, discrimination in the work place or issues stemming from the terms of employment”

The PSC Disciplinary Tribunal is also a forum where only the Government’s interest is protected. Thus, the likelihood that the aggrieved parties may not be subject to a fair and independent process exists if civil servants are exempted from the provisions of the ERP.

Reverend Yabaki also said “this exemption will also remove and restrict the Union from representing workers in disciplinary proceeding”.  He added that, “the amendments to the Promulgation must consider inputs from all stakeholders before implementation”.

 

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