The public sector unions involved in the “Vaccine Mandate Case’ say they have instructed their lawyers to appeal to the London-based Privy Council, St. Vincent and the Grenadines’ (SVG) highest court.
On Feb. 12, the Court of Appeal ruled in a 2-1 majority decision that the government had acted legally in 2021 when it deemed hundreds of public workers who had not taken a COVID-19 vaccine to have abandoned their jobs.
However, the dissenting justice of appeal said he would have dismissed the government’s appeal and upheld the decision of High Court judge Justice Esco — now a justice of appeal — who ruled in March 2023 that the government had acted unconstitutionally.
The case was sponsored by the Public Service Union (PSU), SVG Teachers’ Union and the Police Welfare Association (PWA) and filed in the names of nine public sector workers who lost their jobs because of the mandate.
Speaking at a joint press conference in Kingstown on Monday, PSU President, Elroy Boucher, said there are two solutions to the situation, one legal and one political.
“The political solution: the government must repeal Act No. 15 of 2021, which is the amendment that was done to the Public Health Act that took away this voluntary immunisation,” Boucher said.
“The Vincentian people must call on the government to repeal that amendment; we must also call on the opposition to give its commitment … — because this is an election year — if they happen to win the elections, get into government on their to-do lists, the first thing they must do is repeal this amendment,” the union leader further said.
“This matter must also be taken to the highest court and that’s what we have decided to do. It must go to the highest Court to have a pronouncement. It cannot be left the way it is.”
Boucher said that having the nation’s highest court pronounce on the matter is important not only for the affected workers.
“It’s important for the country. It’s important for this current government or future governments. It’s important for the Caribbean governments.
“You never know what type of government you will have, who would decide to take such draconian measures.”
He noted that the Unity Labour Party administration was the only Caribbean government to mandate that its public sector workers be vaccinated against the novel coronavirus.
“… the other governments that allowed voluntary vaccination had a higher percentage of persons vaccinated than our government that forced Vincentians to be vaccinated.”
Boucher also noted that while public servants at the House of Assembly were mandated to take the jab, members of the Cabinet were exempted, also they also have to go to the House of Assembly –.
“I’m of the view that they consider themselves the masters, and we are the servants when it’s supposed to be the other way around,” he said, referring to the Cabinet.
“We elect people to be our servants, to serve the people of the country, not to be masters over us,” Boucher said.
“The Vincentian people have the power, one way or the other, to prevent this from happening again…. So, there has to be a political solution. There has to be a legal solution.”
Speaking at the same press conference, SVGTU President, Oswald Robinson said that his members have also decided that the case should be appealed to the Privy Council.
“We have that mandate, and we are going to carry it out with dignity, with pride, as true patriots of our Vincentian and Caribbean civilisation,” Robinson told the media.
“This is another demonstration, another manifestation that we are committed to justice and equal rights, and we will stand, and we will stand tall to defend all fundamental rights and freedom.
“We’re not going to allow the government to re-enslave us. We are not going to allow any dictators to determine our destiny.”
He said the unions’ lawyers had drafted the application asking the Court of Appeal for permission to appeal to the Privy Council.
Robinson said the lawyers are committed to meeting the 21 days deadline to file the appeal.
“So, this matter, the process has already started, and this is good news for the populace. This is good news for the Caribbean, the rest of the world.”
He echoed Boucher’s view that the Court of Appeal ruling has long term implications.
“The precedent has been set, and we need to go to the final court of appeal to have this matter reviewed in the interest of all.”
The PWA was not present at the press conference but Boucher and Robinson said that they support the appeal to the Privy Council.
Regarding the cost of appealing to the Privy Council, Boucher said that the unions are “mindful that we have to mitigate that. …
“This matter is not just local. So, we’ll have to explore all of the possibilities in getting support local and otherwise in achieving the stated goal,” he said.
Robinson did not disclose the cost of the case to unions so far.
“Well, the government never told us how much of our taxpayers’ money they spend. The Prime Minister need to tell the nation, next time the parliament meets, they need to tell the nation how much of our taxpayers’ money was paid, they paid,” he said.
“Because that is economic leakage. That’s why we getting poor every day. Yes, when you send our money outside to pay lawyers. It’s economic leakage — our taxpayers’ money. So he needs to tell us and how much he intends again, and where he’s going to get it from,” he further stated.