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 vaccinations. The case was presented before Civil High Court Judge, Justice Dave Tuiqereqere.
The legal action pertained to the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulation, which came into effect on July 8, 2021, and was later repealed in March 2023. Under these regulations, only vaccinated employees were allowed to enter the workplace, while unvaccinated workers faced the possibility of dismissal.
The Court noted that the proceedings were initiated on August 2, 2021, shortly after the implementation of the regulations and before the deadline for vaccination. Despite this, many educators, including teachers, were dismissed during this period after opting not to get vaccinated.
The central question for the Court was the lawfulness of the 2021 Regulations.
In his ruling, Justice Tuiqereqere stated that the defendants argued the case should have been brought by a motion rather than an originating summons. While he acknowledged this viewpoint, he indicated that it was unnecessary to resolve this issue since he had already made a determination on the main matter.
He added that the defendants had raised concerns about insufficient details regarding the affected FTA members, stating that there was a lack of evidence on how many members were impacted and who exactly was affected. However, the judge noted that the FTA was seeking general declarations about the validity of the 2021 Regulations, making it unnecessary to delve into the specifics of the FTA’s situation. The Court recognized that there was public knowledge of many unvaccinated teachers losing their jobs due to the regulations.
Additionally, Justice Tuiqereqere addressed the defendants’ claim that the matter was moot due to the repeal of the 2021 Regulations in March 2023. He countered this by stating that the repeal did not negate the employment consequences faced by the FTA or its members.