The Civil High Court has dismissed a case filed by businessman John Samisoni against Corporate Management Services PTE Limited, known as Hot Bread Kitchen, as well as the Minister for Employment, the Minister for Health, and the Office of the Attorney-General. The case was presented before Justice Dane Tuiqereqere earlier in the month.
Justice Tuiqereqere noted that the case raises significant constitutional questions. He indicated that there was consensus between the parties that if the court rules the 2021 Regulations lawful, Mr. Samisoni’s case would be unsuccessful. In a previous ruling regarding the Fijian Teachers Association, Justice Tuiqereqere found those 2021 Regulations to be lawful, despite recognizing that they limited two constitutional rights, which were also cited by Samisoni. He concluded that the regulations were properly established by the Minister under Section 62 of the Health and Safety at Work Act 1996 and were justified and proportionate.
In August 2021, Samisoni lost his job after refusing to get vaccinated against COVID-19. His termination was carried out following Section 52F of the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulations 2021. Samisoni contended that the 2021 Regulations were beyond legal authority and invalid, while the other respondents sought to have his claim dismissed.
The primary issue to be resolved is whether the 2021 Regulations are lawful. At that time, Samisoni was a shareholder and Managing Director of the first respondent. The regulations, which took effect on July 8, 2021, impacted his employment significantly, requiring all workers to be vaccinated to access the workplace. Employees were required to receive their first vaccination dose by August 15, 2021, and the second by November 1, 2021. Following the regulations, Samisoni did not enter the workplace after August 1, 2021, and informed his employer of his refusal to be vaccinated, citing concerns about the vaccine after conducting personal research.
The first respondent officially notified Samisoni on August 13, 2021, about his termination effective August 15, as he chose not to comply with the vaccination requirement. Justice Tuiqereqere acknowledged that the respondents were correct that actions for constitutional redress under Section 44(1) are only permissible for breaches of Chapter 2 of the Constitution.
The court also heard that Samisoni failed to file his motion within the required 60 days from when the issue first arose. Consequently, it was determined that he had an adequate alternative remedy through an employment grievance process under the Employment Relations Act 2007. Samisoni, for his part, contended that the respondents’ motion to strike out was flawed under the High Court Rules 1988.