The High Court has rejected the Fijian Teachers Association’s originating summons against the Office of the Attorney-General and the Minister for Employment concerning COVID-19 vaccinations. The case was presided over by Civil High Court Judge, Justice Dave Tuiqereqere.
The legal matter revolved around the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulation, which was enacted on July 8, 2021, and repealed in March 2023. The regulation mandated that only vaccinated employees and employers could enter workplaces, while unvaccinated workers faced potential dismissal.
The Fijian Teachers Association filed this case on August 2, 2021, shortly after the regulation took effect and prior to the vaccination deadline. Despite this, numerous workers, including teachers, ultimately lost their jobs for opting not to get vaccinated.
The key legal question was whether the 2021 Regulations were lawful.
In his decision, Justice Tuiqereqere noted that the defendants argued the case should have been initiated through a motion instead of an originating summons. He acknowledged this point but stated that it was unnecessary to address as he focused on the substantive issue.
He observed that the defendants contended the case lacks sufficient factual detail, noting that there was no evidence presented regarding the specific number or identity of affected FTA members. Nevertheless, he pointed out that general declarations regarding the 2021 Regulations’ validity did not require an examination of individual circumstances. Moreover, he indicated that the court could recognize that many unvaccinated teachers lost their jobs under the 2021 Regulations, which is widely known.
Lastly, Justice Tuiqereqere addressed the defendants’ claim that the case was moot due to the repeal of the regulations in March 2023. He disagreed, stating that the repeal did not reverse the employment consequences suffered by the FTA and its members resulting from the 2021 Regulations.