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 vaccinations.
The case was heard by Civil High Court Judge, Justice Dave Tuiqereqere, and focused on the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulation, which was enacted on July 8, 2021, and repealed in March 2023. This regulation mandated that only vaccinated workers could enter the workplace, leading to the dismissal of unvaccinated employees.
The Court noted that the Association filed their proceedings on August 2, 2021, shortly after the regulation took effect, and before the designated vaccination deadline. Despite the timeline, many workers, including teachers, lost their jobs for refusing the vaccine.
The case’s central issue was the legality of the 2021 Regulations.
In his ruling, Justice Tuiqereqere highlighted that the defendants argued the case should have been initiated through a motion rather than an originating summons. He acknowledged the plaintiff’s assertion that this error could be rectified but decided not to pursue this matter further given the substantive issues at hand.
The defendants also claimed that the facts presented were insufficiently detailed, lacking evidence on how many teachers were affected and in what manner. However, Justice Tuiqereqere stated that while the specifics of the FTA’s situation were not necessary for this decision, it was acknowledged that many unvaccinated teachers lost their jobs under the regulation, which is a well-known fact.
Additionally, the defendants contended that the issue was moot since the 2021 Regulations were repealed in March 2023. However, Justice Tuiqereqere disagreed, stating that the repeal did not negate the adverse effects experienced by the FTA and its members due to the regulations.