The High Court has rejected the originating summons filed by the Fijian Teachers Association against the Office of the Attorney-General and the Minister for Employment concerning COVID-19 vaccinations. The case was heard by Civil High Court Judge, Justice Dave Tuiqereqere.
This legal matter centered on the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulation, which was enacted on July 8, 2021, and later repealed in March 2023. During the regulation’s enforcement, only employers and employees who had received COVID-19 vaccinations were allowed to enter the workplace, leading to the dismissal of unvaccinated workers.
The proceedings were initiated on August 2, 2021, shortly after the regulation’s implementation and prior to the vaccination deadline. Consequently, many workers, including teachers, lost their jobs for opting against the vaccinations.
The principal question before the court was the legality of the 2021 Regulations.
In delivering the decision, Justice Tuiqereqere commented that the defendants argued the case should have been filed by motion instead of an originating summons. He acknowledged this point but noted that the plaintiffs believed this procedural error could be rectified under a specific regulation. However, he stated that due to his conclusion on the main issue, it was unnecessary to determine the procedural aspects.
Justice Tuiqereqere pointed out that the defendants claimed that the facts presented by the plaintiffs were insufficient, lacking evidence on how many FTA members were impacted and in what ways. He agreed with this assessment, but also mentioned that the plaintiffs sought general declarations regarding the validity of the 2021 Regulations, which did not require scrutiny of individual circumstances. He noted that it was a well-established fact that many unvaccinated teachers lost their jobs as a direct result of the 2021 Regulations.
Furthermore, the defendants contended that the issue had become moot since the 2021 Regulations were repealed in March 2023. However, Justice Tuiqereqere rejected this claim, stating that the repeal did not reverse the consequences faced by the FTA and its members.