Judge Henry rules St Vincent government’s vaccine mandate unconstitutional
Teachers who were sacked as a result of the St. Vincent and the Grenadines (SVG) government’s 2021 vaccination mandate were ruled victorious in their case against the government today.
High Court Justice Esco Henry rendered the judgement.
The judge deemed the legislation by the government unconstitutional, 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.
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.
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.
All frontline staff in St. Vincent and the Grenadines were obliged to receive the accessible COVID-19 immunization under the Public Health Modification Act of 2021.
The verdict of the judge was made one day before the island’s National Heroes Day commemoration.
The government will file an appeal.
This will be updated
