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. The case was heard by Civil High Court Judge, Justice Dave Tuiqereqere.
At the center of this case was the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulation, which was enacted on July 8, 2021, and repealed in March 2023. Under these regulations, only vaccinated employees were allowed to enter their workplaces, and unvaccinated workers could face dismissal.
The Fijian Teachers Association filed their case on August 2, 2021, shortly after the regulations took effect. This was done before the vaccination deadline, so the immediate repercussions for the association had not yet been experienced. Despite this, many workers, including teachers, were terminated for refusing the vaccination during the regulations’ enforcement.
The key question was whether the 2021 Regulations were lawful.
Justice Tuiqereqere noted that the defendants contended the case should have been initiated via a motion rather than an originating summons. While the plaintiff argued that this procedural oversight could be rectified by the court, the judge stated that he would not address this issue given his decision on the main issue.
He also pointed out that the defendants claimed the details of the case were insufficiently presented, lacking evidence on how many members of the FTA were impacted. However, the judge recognized that the court could acknowledge the public fact that numerous unvaccinated teachers lost their jobs due to the regulations without delving into the specifics of the case.
Furthermore, the defendants argued that the case was moot since the 2021 Regulations were revoked in March 2023. However, Justice Tuiqereqere disagreed, stating that while the regulations were repealed, the consequences they imposed on the FTA and its members remained unchanged.