Court rules minister exercised powers lawfully
THE “no jab, no job” policy of government and the mandatory vaccination of all Fijians during the COVID-19 pandemic in 2021 “engaged or limited” Fijian Teachers Association members’ right to freedom from medical treatment or procedures and right to equality and freedom from discrimination, the High Court has stated.
However, the High Court has ruled the Minister for
Employment, Productivity and Industrial Relations had exercised his powers lawfully under the Health and Safety at Work Act 1996 to enact the 2021 Regulations.
The Fijian Teachers Association has taken the State to court, challenging the legality of the “no jab no job” policy.
“The 2021 Regulations were designed to prevent and contain any spread of the COVID-19 virus in the workplace. Clearly the health and safety of workers is central to the enactment of the 2021 Regulations,” said Justice David Tuiqereqere in his July 15 ruling.
“The 2021 Regulations were enacted to ensure a safe working environment free from the risk of catching or spreading the COVID-19 virus.
“The COVID-19 pandemic, and the availability of the vaccination from early 2021, justiƝed the imposition of the 2021 regulations.”
Justice Tuiqereqere said he was satisƝed that the 2021
Regulations were proportionate and justiƝed.
He said the State argued that the issue in this case was mooted in light of the fact that the 2021 Regulations were repealed in March 2023.
“I do not accept that the repeal made the issues in this case redundant.
“As stated, a large number of workers lost their employment as a consequence of the 2021 Regulations. The 2023 repeal did not undo those consequences for the FTA or its members.”