Dismissed workers in SVG were told to return to work
The St. Vincent and the Grenadines Teachers Union has called on all claimants who challenged the government’s vaccine mandate and were victorious to report for duty.
On Monday, Judge Esco Henry ruled, among other things, that the cessation of public servant obligations under the government’s vaccination mandate was unconstitutional and illegitimate.
The judge found that the decision to deem the public servants to have resigned without giving them an opportunity to be heard was ultra vires, procedurally improper, and contrary to the rules of natural justice, and issued certiorari to quash the decisions of the minister, commissioner of police, public service commission, and police service commission, ruling that the public servants never left their jobs.
The Union stated in a Facebook post that, by Order of the Court dated March 13, 2023, the Claimants never ceased to be entitled to hold the respective offices of public officers, whether it be as a teacher, customs officer, police officer, or otherwise.
“You are therefore advised to peaceably return to your place of work to recommence your duties immediately.”
‘Upon reporting for duty, kindly report to your immediate supervisor, and should you encounter any issues, please convey them to your respective union or association.”.
President of the teachers union Oswald Robinson said ‘The wait has been worth it’.
On Monday, when pronouncing judgment, Justice Henry ordered that terminated public employees be reimbursed and that any resulting damages be given.
Summary of Judgement
Decisions of the Public Service Commission, the Police Service Commission, and the Commissioner of Police were a breach of natural justice, unlawful, procedurally improper, and void.
All letters issued to the claimants, including letters issued by the St. Vincent and the Grenadines Community College, violated the Constitution.
None of the claimants ceased to hold the public offices to which they had been appointed and held at the relevant times, and they remain entitled to all their full pay and benefits due and payable to them, including pensions.
The crown is liable to the claimants for any damages, including interest of 6 percent per annum.
The claimants sought constitutional relief for what they alleged to be breaches of their pension rights and right to protection from inhuman and degrading treatment arising from what they said was wrongful termination.
