The High Court has rejected the Fijian Teachers Association’s legal challenge against the Office of the Attorney-General and the Minister for Employment regarding COVID-19 vaccination mandates. This case was presented before Civil High Court Judge, Justice Dave Tuiqereqere.
The case focused on the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulation, which was enacted on July 8, 2021, but repealed in March 2023. Under these regulations, only vaccinated employees were allowed in the workplace, and unvaccinated workers could be terminated by their employers.
The association filed the lawsuit on August 2, 2021, shortly after the regulations took effect, and prior to the deadline for vaccinations. Consequently, many employees, including teachers, lost their jobs for opting out of the vaccinations during the regulations’ lifespan.
Key to this proceeding was the legality of the 2021 Regulations.
In his ruling, Justice Tuiqereqere confirmed that the defendants argued the case should have been initiated as a motion rather than an originating summons. He acknowledged this point, stating that while the plaintiff contended the error could be resolved, it was unnecessary to address this due to his conclusions on the main issue.
The judge also noted that the defendants claimed the plaintiff’s case was poorly articulated, lacking sufficient evidence on the exact number of affected FTA members and the specifics of their situations. However, he stated that the plaintiff’s goal was to secure general declarations regarding the validity of the regulations, which did not require detailed examination of individual circumstances. He pointed out that it is publicly known that many unvaccinated teachers were terminated due to these regulations.
Additionally, the defendants claimed the matter was moot since the regulations were repealed in March 2023. Justice Tuiqereqere refuted this assertion, indicating that the repeal did not negate the impact the regulations had on the FTA and its members.