Judge Esco Henry rules, 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.
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.
Background to case
Approximately 500 public workers, including 200 teachers, were terminated because they did not take the Covid-19 vaccine or did not declare their immunization status by November 19, 2021, as required.
The government gave front-line workers till November 19, 2021 to receive the Covid-19 vaccination. Workers who missed the vaccination deadline were excluded from the workplace and given 10 days to make a decision, after which they were considered to have quit.
The vaccination mandate was given legal force with the passing of the Public Health 2021 Amendment Bill on August 6, 2021, and the publication of the Public Health (Public Bodies Special Measures) Regulations 2021 Statutory Rule and Order (SR&O).
The claimants were nine former public servants who challenged SR&O No. 28 of 2021, the Public Health (Public Bodies Special Measures) Rules, 2021.
The defendants are the Public Service Commission, Minister of Health, Commissioner of Police, Police Service Commission, and Attorney General.
