Following a report on the inhumane working conditions of local and migrant workers who are currently engaged in construction work at a resort in Rakiraki, main contractor Shiu Nandan, also known as Bhima, and subcontractor Pacific General Builders have been sanctioned by Ministry of Labour, Productivity and Workplace Relations.

The ministry named the companies involved after Rup Investments Limited clarified that Wananavu Beach Resort in Rakiraki was not the company under investigation for housing workers in a poorly ventilated shipping container, following a report in the Fiji Times.

This clarifies that the company in question is not Rup Investments Limited.

The Ministry had earlier said that Bhima Construction was the main contractor, however after Bhima Construction raised concerns with Fijivillage News that they had nothing to do with it, the Ministry confirmed that it was not Bhima Construction but Shiu Nandan, who is also known as Bhima.

The ministry says Labor Standards Compliance and Occupational Health and Safety officials have conducted a joint investigation into the company’s inhumane treatment of workers.

Employment Minister Agni Deo Singh says the problems are serious, including inhumane living conditions, unpaid wages and a lack of adequate personal protective equipment.

He says the workers found themselves housed in a shipping container inside the resort without proper ventilation.

Singh says cooking inside the container posed serious risks, including suffocation, burns, electrocution and explosion.

While responding to queries from Fijivillage News, Singh confirms that the workers have been relocated.

He says Shiu Nandan received a stop-work order, while Pacific General Builders was fined $10,000.

He also says the employer failed to pay current applicable wages as required by law and failed to provide workers with adequate personal protective equipment, compromising their safety.

The ministry issued a requisition notice to the construction company to obtain the necessary documents as required under the Health and Safety at Work Act 1996.

Singh says, similarly, an improvement notice as well as a prohibition notice has been issued to both the employer and the resort to stop the work and shift the workers to suitable accommodation with decent living conditions as this it is a breach of the Health and Safety at Work and Health Act. and the Safety at Work (General Conditions of Work) Regulations 2003.

He says that in failure to pay the minimum wage, under section 55 (2) of the Employment Relations Act (ERA) 2007, a fixed penalty was imposed on the employer and the enforcement team ordered the removal of the workers from their current location. and directed the employer to find alternative and suitable accommodation.

The minister says contractors have been given a stop-work notice until workers are relocated and given adequate personal protective equipment.

He says they have also been advised to pay workers for a period of downtime as it is not their fault.

Singh emphasizes that the Ministry will not tolerate such inhumane treatment of both local and migrant workers and will ensure that employers who do not comply with these norms are taken to task.

He says that because of the breach of labor laws, the construction company will be fined $10,000 for failing to meet the provisions of the “duty of care” as stipulated in section 9 (1) and (2) of the Health and Safety at Work. Act.

Singh says the fine must be paid by November 11.

The Minister states that under the review of the Labor Relations Act, the increase in criminal fines due to non-compliance by employers is considered as part of the review as a deterrent to future wrongdoing.

He adds that workers must be treated with respect, dignity and fairness; and all employers must adhere to the highest standards of employment practices for a safe and healthy work environment for all.

Singh also pointed out that the Anti-Human Trafficking Services Division of the Fiji Police Force has been alerted to investigate potential elements or indicators of forced labor or human trafficking.

The police confirm that the Human Trafficking Unit of the CID headquarters is investigating the case.