St Vincent Govt wins appeal in ‘Vaccine Mandate’ case

The Eastern Caribbean Supreme Court of Appeal Wednesday ruled in favour of the St Vincent and the Grenadines Government in the so-called COVID-19 Vaccine Mandate” case.

The St. Vincent and the Grenadines Teachers’ Union (SGVTU), Public Service Union (PSU), and the Police Welfare Association (PWA) funded the lawsuit in which former public sector workers—Shanile Howe, Novita Roberts, Cavet Thomas, Alfonzo Lyttle, Brenton Smith, Sylvorne Oliver, Shefflorn Ballantyne, Travis Cumberbatch, and Rohan Giles—are the complainants.

The Minister of Health and the Environment, Public Service Commission, Commissioner of Police, Attorney General, and Police Service Commission are the respondents.

In a March 13, 2023 ruling, then High Court judge Justice Esco Henry (who is now a justice of appeal) ruled against the government on all 11 grounds and held that the mandate breached natural justice, contravened the Constitution, was unlawful, procedurally improper, and void.

The government appealed the ruling, and the Court of Appeal heard the arguments on May 2, 2024, but reserved its judgment.

The Court of Appeal by a 2-1 majority during a virtual sitting upheld the government’s appeal saying that the government had succeeded in persuading them that then High Court judge Justice Esco Henry (now a justice of appeal) was wrong in making most of the orders she made in her judgment.

There was no immediate reaction from either the government or the public sector unions in the case.

However, both had suggested ahead of the judgment that they would consider appealing to the London-based Privy Council if the judgment went against them. —KINGSTOWN, St. Vincent (CMC)