As deadline nears, gov’t says frustrating reinstatement efforts unacceptable

By Ashford Peters

As the Jan. 31 deadline for their reinstatement approaches, Prime Minister Godwin Friday has described as “unacceptable” the challenges some public servants dismissed under the Unity Labour Party (ULP) administration’s vaccine mandate in 2021 are facing in being reinstated under his government’s policy.

Some of the workers who did not return to work when the ULP government offered the opportunity have decided to do so under Friday’s New Democratic Party (NDP) administration, which came to office on Nov. 27.

The prime minister expressed his concern on Friday at a press conference in which Attorney General Louise Mitchell said that a committee set up by the NDP government agreed  that “all requests, all resumptions, must take place by the 30th of January, 2026”.

Mitchell told reporters that 116 people who were fired under the ULP’s vaccine mandate had not returned to work prior to December 2025.

Of that number, 100 people have since resumed and the government has found placements for 92 of them.

“Now we have heard a number of complaints about persons returning and not being received in the way that is consistent with government policy, that, as far as I’m concerned, is unacceptable,” Friday said.

Union leaders recently reported that some affected public servants complained that when they reported to their last place of work to be reinstated, they were turned away, as senior officials told them there were no positions available for them at the time.

The NDP administration has repeatedly said that it is upholding the March 2023 High Court judgement of Justice Esco Henry, which ruled, among other things, that the vaccine mandate was unconstitutional, unlawful and ultra vires and that the dismissed workers must be reinstated with all benefits intact.

This is the government’s position, although the Court of Appeal overturned that ruling in a 2-1 majority decision.

The unions have taken the case to the London-based Privy Council for a final decision.

“I’m pleased to announce that almost all of the persons who have resumed, we have had the release of their posts,” Mithcell told the media.

“So, of the 100 persons that have resumed, placements have been found for 92 of the 100,” she said, noting that workers dismissed will be issued letters of resumption of duties and will be appointed to similar or equivalent positions to the post held at the point of dismissal.

Mitchell reiterated that the government has stated its policy and would address any resistance to its implementation.

The government’s chief legal advisor said the affected people have suffered much because of the vaccine mandate and should not be forced to go through any further indignity of being treated otherwise than returning fully to their duties, in accordance with government policy.

The workers are to be accorded the respect and every assistance and accommodation to ensure that happens smoothly, the attorney general said.

“The policy is for the persons to return to work full with their benefits intact. This is government policy,” she told the media.

“Everyone in a position that affects the implementation of that policy must adhere with that. Beyond being government policy, it’s the right thing to do, and we want to make sure that those persons who have suffered so much in the past that they don’t continue to suffer when the government has made a commitment,” Mitchell said.

Meanwhile, the prime minister noted that his administration supported the High Court decision in favour of the dismissed workers.

“Of course, we know that the Court of Appeal overturned the decision, but our position was based on principle even before any matter was taken to the court,” Friday said.

“In government now, it’s our obligation to act in accordance with that principled position that we have taken.”

He said the NDP was unequivocal during the election campaign that, given the authority to make a decision, it t we would ensure that those workers and their benefits are reinstated.

“… and as far as possible to be made whole, because we felt that this was a right and just thing to do. It wasn’t just a matter for the leadership of the party and now the leadership of the government,” Friday told reporters.

Friday said he was happy to report that his administration had immediately acted on its pledge, and that people affected by the vaccine mandate began returning to work.

He said there were challenges, as mentioned, but by and large, he was satisfied that the process was “going forward in an effective way, and we continue to deal with any issues that arise along the way”.

Friday reiterated that his government has kept its pledge.  

Mitchell went on to explain the different issues that her government has to address in relation to the reinstatement of the workers.

In terms of vacation leave eligibility, all of the vacation leave that would have accumulated up to the date of dismissal will be recognised as having been earned by the affected workers.

Mitchell said no vacation leave would have accrued during the time period when the persons were dismissed.

She said it was recommended that workers resume work for at least 3 months before taking vacation leave.

However, applications can be made for exceptions to this rule, and they will be considered on a case-by-case basis.

Regarding pensions, workers who reached retirement or early retirement age while affected by the dismissal will be eligible for pension benefits under existing pension laws.

However, they must first resume work before making the application to proceed with retirement.

“Persons seeking early retirement in such instances must do so in the normal manner. In the case of persons who have reached the age of compulsory retirement of 60 years during their dismissal period, they should also resume work and thereafter request their retirement benefits. Extension of their service will be granted up until the resumption date,” Mithcell said.  

“So, for the avoidance of doubt, they would only resume work to obtain the relevant paperwork and to obtain benefits. So, you wouldn’t actually be expected to come back and start working. You would just need to do your resumption in terms of the remuneration for the period spent out of the public service, also known as back pay. It was decided that this matter would be deferred to a later date,” Mitchell told reporters.

Mitchell explained that the government will not know how many people are resuming duties until after the Jan. 31 deadline.

In cases where people do not wish to return to work but have requested benefits, she said, it has been agreed that people who do not resume would not be eligible for benefits.

“The committee also considered persons who have obtained employment elsewhere in the private sector or overseas and have obligations to their current employers and who do intend to resume duties in the public service.

“So, it is recommended that, on formal requests supported by acceptable documentation, they can be granted no-pay leave for a period of up to one year.

“Once again, to be eligible for this benefit, they must first resume duties in person affected workers at state-owned enterprises, statutory bodies and auxiliary police and teachers employed by the government, but who are assigned to assisted schools, they’re to be treated in the same manner as employees of the central government,” Mitchell said.