Vaccine tug of war as Digicel faces injunction bid
CHAIRMAN OF Cari-Med Group, Dr Glen Christian, says his company will not backtrack from its mandatory COVID-19 vaccine-or-test policy amid a steady increase in litigation against companies holding a similar line, the latest coming against telecommunications giant Digicel.
Christian told The Gleaner on Wednesday that there will be no suspension of the policy either even as five employees of his pharmaceutical company are seeking an injunction against its policy.
“No, no, no. Make it take its course in court,” he said when contacted.
His comment followed a Gleaner report on Wednesday that a senior data specialist was seeking an injunction from the Supreme Court to block the implementation of Digicel’s mandatory COVID-19 vaccine policy.
The employee, Doric White, filed an urgent notice for court orders on Tuesday.
He also filed a claim against the company, alleging that the policy is in breach of his employment contract and constitutional rights.
“My position is based on my religion, my doubts, and uncertainty about the mid- and long-term effects of the available vaccines and other personal opinions and reasons,” White said in the affidavit seen by
The Gleaner.
The tech specialist said based on his research of the available vaccines, their development includes the use of cell tissues from aborted foetuses.
He said the concept of abortion runs contrary to his Christian faith, noting that the tenets of his religion viewed life as sacrosanct.
He said that he has been a Christian all his life.
White has said that his acceptance of other vaccines in the past was due to ignorance. He also said that Digicel’s policy provided no exemption on religious grounds or conscience.
“I have, therefore, been put in a position by the defendant (Digicel) where I must choose between my faith and my livelihood/survival,” he said.
In a September 29, 2021, letter sent to staff, Digicel said in an effort to create a safe environment for customers and employees, vaccination cards must be submitted to its human resources department by close of business on October 15.
The letter said those not vaccinated by that date would be required to submit a negative polymerase chain reaction (PCR) test every two weeks before being permitted to work.
It said the tests – which cost about $20,000 – were expected to be conducted at the employee’s expense and that antigen tests would not be accepted.
White’s affidavit said he was about to go on pre-approved leave from October 6-15 when the policy was announced.
After his return, he said he was advised by the human resource department that he should either comply with the mandate or take additional leave for him to get his October salary.
White said he decided to take extended leave, which ended on October 29.
He said neither the manufacturers nor any government agency has been able to confirm with certainty if there will be any future risks.
He said manufacturers have been granted immunity from lawsuits for adverse reactions to the vaccines or, possibly, death, and as a result, he should be able to decide if he wants to take those risks.
White also took issue with the employees being asked to bear the cost of tests even if they work remotely.
The injunction is expected to be heard today.
Hours before White’s affidavit, the National Commercial Bank halted its policy after the Ministry of Labour and Social Security advised that a conciliatory meeting has been set between the company and its staff association for Monday.
In a memo circulated to staff on October 12, over the signature of NCB Group President and CEO Patrick Hylton, NCB required that staff either take the COVID-19 vaccine or submit weekly negative tests at their expense.
On Tuesday, NCB had doubled down on its policy in a second circular to staff, reminding that every Wednesday, employees who have
not received the first dose of the vaccine are to submit a “legitimate negative PCR COVID-19 test result to the management of their unit”.
NCB said in the event that an employee is unable to produce a current result, “that employee will be unable to attend work”.
The company had said that the policy applied to both face-to-face and remote employees.
The halt in policy is expected to last for the remainder of the week.
“Because of the action that we took that if they insist that that is the case, they would have defied the principle with respect to the Ministry of Labour,” chairman of the NCB Staff Association, Paul Stewart, told The Gleaner on Wednesday.
Stewart said that the association would be putting their request on the table for the bank to withdraw the mandatory condition to foster discussions when the two groups meet.
He said that approximately two-thirds of the roughly 2,500 employees that the association represents have received at least one dose of the vaccine.
“So it’s like a big stick them a try put over people’s head ... but they better not do anything before Monday because the matter has been reported. They tried a thing yesterday (Tuesday) and had to pull back, so they had better not,” said Stewart.
NCB’s halt comes a week after AIC Jamaica made an about-turn in its decision to dock salaries or require that workers pay for tests out of pocket after it was dragged before the court by four employees.
The company said that it will not pursue those measures for now.
Meanwhile, attorney-at-law Gavin Goffe said companies that have seemingly reversed their policies are in the minority, noting that this is not expected to become a trend.
“The vast majority of them are moving ahead as planned ... ,” he said.