Since 2009, sugar mills have been occupied by the military, which has assumed control over many aspects of their operations – including human resources. The Fiji Sugar and General Workers Union (FSGWU) reports that the military has assumed the power to discipline and fire workers. The President of the FSGWU - Ba Branch was beaten by military officers on 18 February 2011, along with Felix Anthony, the national secretary of the Fiji Trades Union Congress (FTUC), and again on 22 June. In conjunction with the second attack on the president, he was suspended from work for two weeks without pay and was transferred from his job as a locomotive driver to that of a general employee in the track shop (which implied a drop in wages from USD4.17 to USD3.64 per hour). The military stated that the reason for the transfer was his status as a trade union leader.
The military interrogated the union president on a monthly basis in 2011, accusing him of sabotaging the Fijian sugar industry. He reported that the soldiers told him that “if you make one wrong move, we will kill you”. In June 2011, the Commissioner Western Division (a civilian post occupied by a Lieutenant-Colonel) announced at a meeting with mill workers that there is no longer a union representing mill workers. In November 2011, HR manager Subril Goundar told the union president that he would no longer recognise him as the representative of the workers. On several occasions, Mr Goundar called in workers to his office to discharge or discipline them; there was no investigation or any consultation with union representatives. The grievance machinery and progressive discipline machinery in the CBA, which remains in force, has been ignored. Workers who are caught talking to the union president have been threatened by management and the military with discipline or discharge.
Despite annual wages increases provided for in the CBA, Mr Khalil reports that there have been no wage increases for several years. Further, overtime provisions are routinely violated, with workers either not being paid the overtime premium (1.5-2x) or not being paid at all for overtime work. Indeed, the CBA is respected only in the breach. Cases have been filed over dismissals and other breaches of the CBA. However, these cases are slow to be processed, if ever. The Ministry, which receives the cases and provides mediation, often delays action on the cases for months on end.