Legal action likely, says Vosarogo
No jabs, no job directive
THE directive from Government for employees to get jabbed or lose their jobs is expected to raise important developments and debates in the legal field as people may challenge the move in courts, seeking the judiciary’s interpretation of rights and the constitutionality of the new regulations recently imposed, says Suva lawyer Filimoni Vosarogo.
Speaking during the Bula ko Lau virtual COVID discussion on Thursday Mr Vosarogo said the announcement was a perfect example of clashes between constitutional rights and the law which is usually settled by the courts through redress.
For Government to make such announcements, Mr Vosarogo said the state usually consulted its legal advisors before making such policies adding he thought with the rising numbers of COVID positive cases and battering the Fijian economy has taken, they have run out of options but to bring these new drastic regulations in.
In future, Mr Vosarogo said it would be interesting to see these positions being challenged in courts to see and for the judiciary to determine the issue adding the current situation was totally new and that court decisions would guide us in the future.
Earlier through his contribution, Mr Vosarogo said people had the right to refuse medical treatment and not to be discriminated against for their choices adding that people waived these rights once they signed their vaccination card because Government was aware of these rights.
Also contributing to the forum, lawyer Nemani Tuifagalele said since the Public Health Act was currently being enforced during the current crisis so every directive would be derived from the legislation which gave authority to the Ministry of Health to make such policies.
He added that the Prime Minister, Voreqe Bainimarama may have been speaking as the head of Government, the employer of all civil servants.
He said it would be interesting to note the judiciary’s stand in drawing the line between a government’s duty to protect the collective health and safety of the population and the individual’s right to integrity and sole decision making over their own body.