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 presided over by Civil High Court Judge, Justice Dave Tuiqereqere.
This legal proceeding revolved around the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulation, which came into effect on July 8, 2021, and was subsequently repealed in March 2023. Under these regulations, only employers and employees who had received COVID-19 vaccinations were allowed to enter the workplace, leading to the dismissal of unvaccinated workers.
The case was filed on August 2, 2021, shortly after the regulations were enacted and before the vaccination deadline, affecting the Fijian Teachers Association (FTA) members significantly. The central issue for the court was the legality of the 2021 Regulations.
In his ruling, Justice Tuiqereqere noted that the defense argued the case should have been initiated through a motion rather than an originating summons. He concurred but indicated that this procedural error did not need to be resolved due to his findings on the substantial issues at hand.
The judge also acknowledged criticisms regarding the inadequacy of the facts presented by the complainants, emphasizing that there was insufficient evidence to detail how many FTA members were affected. However, he recognized that the court could acknowledge the public knowledge that many unvaccinated teachers lost their jobs due to these regulations.
Furthermore, the defendants contended that the matter was moot, given the repeal of the 2021 Regulations in March 2023. Justice Tuiqereqere dismissed this argument, asserting that the repeal did not negate the consequences that had already impacted the FTA and its members.