Union challenge to mandatory-vaccination policy is struck down at the gate by the High Court

22

REAL NEWS: Attempts by the Antigua and Barbuda Public Service Association (ABPSA) to get the Court to rule against the Government’s vaccination mandate have been struck down.

The matter came up for hearing in the High Court on Monday, October 4, but did not even make it past the first hurdle, which Prime Minister Gaston Browne had predicted.

Attorneys had indicated that the Government’s mandate is on sound legal footing, and the Administration had reported that it sought the legal advice of a retired CCJ judge, among others, before implementing its policy.

One lawyer says it is very clear that, in the face of this pandemic, in which dozens of lives have been lost and thousands of people infected, here, no court will rule against it.

According to him, mandates like these have been deemed to be constitutional since 1905.

The ABPSA suit had sought to challenge the constitutionality of the mandate that required all government workers to get vaccinated.

The Association was petitioning the court for judicial review of the policy and amendments to the Public Health Act (Dangerous Infectious Disease) Regulations, claiming that they are unreasonable, irrational and disproportionate, among other things.

It was also seeking a stay of the vaccination policy and amendments pending the final determination of the court, if the matter had been given any consideration.

This was the only legal challenge to the mandate and it is unclear whether any further recourse can be, or will be, sought by the ABPSA.

Support Antigua Newsroom from as little as $5 – it only takes a minute. If you can, please consider supporting us with a regular amount each month. Thank you.

22 COMMENTS

  1. Anyone surprised? The court will not toy with decisions to ensure the public safety. After all the judicial system itself has been negatively impacted by covid. They are not dumb enough as some to claim covid is not real (deaths are manufactured)

    • Maybe they’ll take it serious when the vaccinated start to drop dead from the poison it contains..public safety my ass.

    • Tenman, the union lost on technicalities – not on points of law. The fact that the union went ahead and filed a motion while its license had not been renewed is somewhat disconcerting. Clearly, no one could accuse them of paying attention to small details. Additionally, shouldn’t the Union’s legal counsel know that the union cannot be a party in such a case? This doesn’t fill me with confidence that the union will be successful in this endeavour.

    • Tenman: Fat Boy,it was struck down on a technicality. According to the experts the Union is not registered,hence the issue. They should get it registered fast and re-file that case in the Courts.

      • Been years since I have been called such. Thanks for your mispl;aced concern regarding my weight. Since covid I have ensured I am within my BMI range for normal (well within). The PM’s encouragement (the general public), hence Cycling and intermittent fasting has been instrumental. Highly recommend. As far as your misplaced hope in the Union, if they can’t get this simple thing right, what really are their chances in essentially making the Guinness book of world record (globally all covid mandates have withstood legal challenges)

        • The mandatory vaccination may indeed pass the litmus test; where I think the whole thing will legally collapse, is after 4 weeks of non-payment.

          The Labour Code stipulates that no worker can be suspended for more than 4 weeks. Beyond that, we’re talking constructive dismissal. Once those dominoes begin to fall, the government will have to find money to pay severance. There is no way that I can see a court (even one controlled by the state) upholding that the employee abandoned his/her job. If my employer advised me not to come on the premises, in what world could I be considered to have abandoned my job?

  2. A lawyer is supposed to give you good legal advice, whether he/she believes your case has legal ground and stands a chance in court of law. Legal opinions have been provided by two of the Caribbean’s finest legal luminaries. Why are these people still going to court? Do they think they can proof these two legal luminaires to be wrong? What a shame.

      • NOT MY SUBJEECT: …NOT MY PAGE: …LITIGIOUS BLUNDERS.

        This must be one of the few comments that has no ‘…Gutter Snipe Politics.’

        That’s ‘…Not My Subject’ and this has never been my ‘…Page.’

        Can openly say that: (a) ‘…Bad Legal Advice; and (b) …Misinterpretation’ of the ‘…Statutory Instrument Regulation’ appeared to have been among the “…Litigious Blunders’ that resulted in the ‘…No Locus Standi Ruling.’

        WHY?:
        The ‘Covid Regulations’ never mention:

        (a) ‘…Public Service Association; nor

        (b) …Trade Unions’ for ‘…Mandatory Vaccination.’

        THE REGULATIONS STATES:

        ‘…Mandatory Vaccination for:

        (i) ‘…ALL’ Government employees:

        (ii) …Statutory Corporations:

        (iii) …State-controlled enterprises; and

        (iv) …Law enforcement etc.’ [Statutory Instrument: No. 85: Section 5].

        DUMMY SHALL KNOW:

        A ‘…Dummy Shall Know’ that ‘…an Application or Applications’ for ‘…Judicial Review’ of the ‘…Vaccine Mandate,’ ‘SHALL’ have been made in the name of an affected employee or employees.’

        EMPLOYEES required to:

        (i) ‘…Present Vaccination Cards; and

        (ii) …Those ‘…Criminalized’ to show up to work without such Card.’ and

        (iii) …Faces ‘…Criminal Penalty of EC$500.00 or up to 3 months imprisonment’ [Section 5: Sub-sections (5 & 6)].

        NOT ‘…UNIONS’ of whatever name called.

        REAL TALK: …READ THE DARN REGULATIONS.

  3. Who was the “LIAR” that advised them? Was it Chaku Waku of the FreeDUMB Fighters fame? Whoever it was wanted to use them and make a national mockery and crying shame out of the hoggish leader.

    Shame on that “lawyer”

    • CT can’t catch himself since Janice Samuel hoodwink, badplay and made a damn ass out of him. Her betrayal took the wind out of CT sail. He should know better than to trust anyone close to Serpant. Guess CT didn’t hear what Wilmoth Daniel is on record saying about Serpant.

      Janice Samuel donkey-damned him 😆🤣

    • JUST SAYING you know how the court process works slowly. The case is very much still alive. Both the Attorney General chambers and myself filed submissions last Friday. Don’t worry just stay tuned. The outcome will rock this country when the court declare the Regulations to be unlawful.

  4. All of you Labor Party,Gaston the Dawg Browne supporters.Be careful what you are wishing for. Today it is them,today and tomorrow it could be you.

    • We love Gaston Browne. Call us whatever you feel we love PM Browne. How that burn you all so. Gaston we love you!!!!! All the red cool aid drinkers love you!!!!

      • Tell him again. Unfortunately he is so emotionally challenged that he don’t know when his bread is well buttered. Even with major challenges this Gaston Browne led admin has delivered

        • TENMAN say thank God that you know when your bread is well buttered. Keep singing TENMAN. At least you, JUST SAYING, ERIC (THE RED), PETE, FROM THE SIDELINE and ERIC MANN are signing in unison and perfect pitch.

LEAVE A REPLY

Please enter your comment!
Please enter your name here