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 regarding COVID-19 vaccination policies.
The case was reviewed by Civil High Court Judge, Justice Dave Tuiqereqere. It involved the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulation, which had taken effect on July 8, 2021, and was revoked in March 2023.
This regulation stipulated that only vaccinated employees and employers could access the workplace, allowing employers to terminate unvaccinated workers. The Court noted that the proceedings were initiated on August 2, 2021, shortly after the regulation’s enactment and before the vaccination deadline, which meant that its adverse effects had not yet been fully felt by the FTA. Despite this, numerous workers, including teachers, lost their jobs due to their vaccination choices while the regulation was in effect.
The central legal question was the lawfulness of the 2021 Regulations.
In his ruling, Justice Tuiqereqere agreed with the defendants that the proceedings should have been filed as a motion rather than an originating summons. However, he noted that the plaintiff’s argument regarding procedural irregularities could be addressed by the court without needing to resolve that issue.
The defendants also contended that the facts of the case were not adequately presented, arguing there was insufficient evidence regarding the number of affected FTA members. Justice Tuiqereqere agreed but pointed out that general declarations regarding the validity of the 2021 Regulations did not require detailed circumstances of the FTA. He noted that it was a matter of public knowledge that many unvaccinated teachers lost their jobs under the regulation.
Additionally, the defendants claimed the issue was moot since the 2021 Regulations were repealed in March 2023. Justice Tuiqereqere disagreed, stating that while the regulations were revoked, it did not negate the effects felt by the FTA and its members.