Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Laid off unvaccinated frontline workers to get day in court
JUSTICE Esco Henry of the Eastern Caribbean Supreme Court
Front Page
March 11, 2022

Laid off unvaccinated frontline workers to get day in court

The government’s mandate requiring vaccination of front-line workers will not see scrutiny by the court, but the rule deeming unvaccinated front-line workers as absent from duty without leave will.

This was included in the rulings of Justice Esco Henry who announced her deliberations on the application for leave to seek judicial review of actions regarding Public Health (Public Bodies Special Measures) Rules 2021, also known as Statutory Rules and Orders No 28 of 2021.

The applicants were: the St Vincent and the Grenadines Teachers’ Union(SVGTU), the Public Service Union(PSU), the Police Welfare Association(PWA), teacher Shanile Howe, teacher Novita Roberts, customs officer Cavet Thomas, customs officer Alfonzo Lyttle, former station sergeant Brenton Smith, and former police officer Sylvorne Olliver.

However, yesterday the judge ruled that the three Unions are not competent to bring a suit in their own names in these proceedings. They were consequently struck out as parties to the proceedings: namely the application to seek judicial review.

So too was the Attorney General, who appeared as a respondent, struck out as a party to the proceedings. The remaining respondents were: the Minister of Health, the Commissioner of Police(COP) and the Public Service Commission(PSC).

Henry refused the applicants’ leave to apply for judicial review of the decision of the Minister of Health, St Clair Prince to make rule 5(1) of the Public Health Rules 2021. This rule states: “subject to rule seven every employee specified in the schedule must be vaccinated against the coronavirus-disease 2019.”

However, the judge ruled that the applicants will be allowed to apply for judicial review of the Minister’s decision to make rule 8(1) and (2) of SR&O No 28. However, this will be limited to illegality, procedural impropriety and proportionality grounds laid out in their Notice of Application before the court.

Rule 8(1) of the SR&O No 28 stipulates that “an employee who without reasonable excuse fails to comply with rule 4 or 5 must not enter the workplace and is to be treated as being absent from duty without leave.”

Rule 8(2) speaks to the abandonment of office regulation in the Public Service Commission(PSC) Regulations applying to a public officer who is absent from duty without leave under sub rule (1).

The applicants’ claim for leave to apply for judicial review of the PSC’s and COP’s decision to terminate the respective applicants’ employment was also granted.

The next step of filing a claim for judicial review should be taken with 14 days of the date of March 10, and the first hearing is to be scheduled in April or May 2022 on a date convenient to the parties involved.

Lastly, it was decided that each party to the matter of leave to apply for judicial review shall bear his, her or its own costs.
The lawyers for the applicants for the PSU and SVGTU were Cara Shillingford (Dominica); Jomo Thomas and Shirlan Barnwell. Counsel Israel Bruce appeared for the PWA.

Senior Counsel, Anthony Astaphan (Dominica); Solicitor General, Karen Duncan; counsel Cerepha Harper-Joseph and counsel Kezron Walters appeared for the Minister of Health, the COP and the AG. Grahame Bollers represented the PSC.

  • FacebookComments
  • ALSO IN THE NEWS
    Preliminary Statement from CEOM to the 2025 General Elections in SVG
    News
    Preliminary Statement from CEOM to the 2025 General Elections in SVG
    Forrest 
    December 1, 2025
    In response to an invitation extended by the Government of St. Vincent and the Grenadines, the Caribbean Community (CARICOM) mounted a ten-member CARI...
    NDP romps home 14-1
    Front Page
    NDP romps home 14-1
    Webmaster 
    November 28, 2025
    THE PEOPLE SPOKE emphatically in Thursday’s general elections in St Vincent and the Grenadines (SVG)propelling the New Democratic Party (NDP) into the...
    ULP’s ‘Come Home Rally’ attracts thousands
    Front Page
    ULP’s ‘Come Home Rally’ attracts thousands
    Webmaster 
    November 28, 2025
    A MAMMOTH CROWD thronged the Arnos Vale 2 Playing Field for the ‘Come Home Labour Family’ rally of the Unity Labour Party (ULP) as it closed out the 2...
    Political Parties close out elections campaign with big entertainers
    Front Page
    Political Parties close out elections campaign with big entertainers
    Webmaster 
    November 28, 2025
    “THE WIND OF change is blowing throughout this land,” declared Dr Godwin Friday, leader of the New Democratic Party. He was speaking at the party’s cl...
    NMCM: main polling day complaint, long lines
    Front Page
    NMCM: main polling day complaint, long lines
    Webmaster 
    November 28, 2025
    VOLUNTEERS UNDER THE auspices of the National Monitoring and Consultative Mechanism (NMCM), who have been monitoring the general elections campaign, h...
    Jamaica’s Andrew Holness Congratulates Dr. Friday
    Press Release
    Jamaica’s Andrew Holness Congratulates Dr. Friday
    Webmaster 
    November 28, 2025
    EVEN BEFORE his swearing in as prime minister, regional leaders have been sending messages of congratulations to Dr Godwin Friday on the victory of hi...
    News
    Preliminary Statement from CEOM to the 2025 General Elections in SVG
    News
    Preliminary Statement from CEOM to the 2025 General Elections in SVG
    Forrest 
    December 1, 2025
    In response to an invitation extended by the Government of St. Vincent and the Grenadines, the Caribbean Community (CARICOM) mounted a ten-member CARI...
    Regional leaders send congratulations to Dr. Friday
    News
    Regional leaders send congratulations to Dr. Friday
    Webmaster 
    November 28, 2025
    TRINIDAD ANDTOBAGO’S Prime Minister, Kamla Persad Bessesar, was also among regional leaders to send early congratulations to Dr. Godwin Friday. “Tonig...
    Online educator drops in on students at St Vincent Grammar School
    News
    Online educator drops in on students at St Vincent Grammar School
    Webmaster 
    November 28, 2025
    BY GRACE FRANCIS WITH A VIEW to setting foot in every country in the Caribbean, online educator, Kerwin Springer, of Trinidad and Tobago paid a visit ...
    Party leaders travelled north on Thursday
    News
    Party leaders travelled north on Thursday
    Webmaster 
    November 28, 2025
    LEADER OFTHE Unity Labour Party (ULP), Dr Ralph Gonsavles, and leader of the New democratic Party (NDP), Dr Godwin Friday both went to constituencies ...
    Sir Calvert Jones recognized by the OAS
    News
    Sir Calvert Jones recognized by the OAS
    Webmaster 
    November 28, 2025
    A PRESENTATION BY Vincentian artist, Sir Calvert Jones at the 10th Inter-American Meeting of Ministers of Culture and Highest Appropriate Authorities ...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok