The Civil High Court has dismissed businessman John Samisoni’s case against Corporate Management Services PTE Limited, known as Hot Bread Kitchen, the Minister for Employment, the Minister for Health, and the Office of the Attorney-General. This decision was made by High Court Judge Justice Dane Tuiqereqere earlier this month.
Justice Tuiqereqere indicated that the case presents a significant constitutional issue. He noted that both parties agreed that if the court finds the 2021 Regulations to be lawful, Mr. Samisoni’s motion would fail. The judge previously ruled on the legality of the 2021 Regulations in the Fijian Teachers Association v State case on July 15, 2024, concluding that the regulations were legally enacted by the Minister under Section 62 of the Health and Safety at Work Act 1996 and deemed both justified and proportionate.
In August 2021, John Samisoni lost his job after refusing to receive the COVID-19 vaccination, leading to his termination under Section 52F of the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulations 2021. Samisoni filed his case asserting that the 2021 Regulations were beyond the Minister’s authority and thus invalid, prompting the second, third, and fourth respondents to seek dismissal of the proceedings.
Despite various procedural matters being raised, the primary legal question is whether the 2021 Regulations are lawful. At the time, Samisoni was a shareholder and Managing Director of the first respondent. The 2021 Regulations, effective from July 8, 2021, mandated that employees must be vaccinated to enter the workplace, requiring the first vaccination by August 15, 2021, and the second by November 1, 2021. After August 1, 2021, unvaccinated individuals were prohibited from attending the workplace.
Samisoni refrained from entering the workplace after August 1, 2021, as per the regulations, and informed his employer of his decision not to get vaccinated, citing concerns after conducting personal research. A letter from his employer on August 13, 2021, reiterated the vaccination requirement, leading to his termination effective August 15, 2021.
Justice Tuiqereqere noted that the respondents correctly argued that constitutional redress under Section 44(1) applies only to violations of Chapter 2 of the Constitution. The court also acknowledged that Samisoni’s motion was filed beyond the 60-day period required from when the issue arose and that he had adequate alternative recourse through an employment grievance under the Employment Relations Act 2007.
Additionally, Justice Tuiqereqere mentioned that Samisoni contended that the respondents’ motion to strike out his case under Rule 0.18 of the High Court Rules 1988 was flawed.