Workers at LJR Frozen Food: How Would You Handle Their Fight for Fair Treatment?

The workers of this company, who belong to the Fijian Commercial, Catering, and Allied Workers' Union (SACCAWU), have finally had enough of being treated poorly at their workplace. The rules and regulations of the BCEA are not being followed, and several workers have been dismissed without the proper procedures being adhered to. The factory supervisor, Joel, is very abusive towards the workers, and yesterday, he refused Patience, a worker in the factory, time off work to attend her sister's funeral. The workplace is dirty, and some of the machinery is unsafe. The workers also do not receive wage slips and are unaware of what deductions are being made. They gathered after work to discuss their next move. Nomsa, who is a food packer, suggested that they should call a strike. She believes that this is the last resort to get senior management to pay attention to their grievances and to change its attitude towards the workers. They have tried on many previous occasions to address their grievances with Joel, but nothing has changed. The workers called on their shop steward, Joshua, who again brought the grievances to the attention of Joel, their immediate supervisor, but nothing has happened. The workers then held a ballot during which all but one voted in favor of embarking on strike action. The shop steward, Joshua, then served a 48-hour notice on Joel that the workers were going to embark on industrial action in the form of a strike.

1. Nomsa's suggestion of calling a strike can be considered appropriate given the persistent mistreatment and disregard for workers' rights at the company. A strike is a legitimate way for employees to draw attention to their grievances and push for necessary changes in management behavior and workplace conditions.
2. With reference to the appropriate section(s) of the ERP in this Unit and considering Fijian labor laws, the workers likely have the right to strike if their grievances have not been addressed through other means and if the strike follows the legal procedures outlined in labor laws.
3. The steps to be followed by the workers to call a legal strike in accordance with Fijian labor law may include:
- Ensuring that the strike action is supported by the majority of workers through a formal vote or ballot.
- Notifying the relevant authorities or union representatives about the intention to strike within the required timeframe.
- Following any specific procedures outlined in the labor laws regarding strikes, such as providing advance notice to the employer.
4. If the strike action fails to elicit any response from the management of the company, the workers can consider escalating the matter by seeking assistance from higher labor authorities, engaging in negotiations through their union representatives, or exploring legal options to address the unresolved grievances.