High Court judge Esco Henry ruled that the special measures rules made under Statutory Rules and Orders 28 of 2021 — the vaccine mandate law — are unlawful, unconstitutional, and void.
She further held that none of the public sector workers who lost their jobs under the law ceased to be entitled to hold their respective positions and are entitled to all benefits that were due and would become due to them.
Immediately as the decision was handed down, a lawyer for the government announced their intention to appeal.
The Police Welfare Association, Teacher’s Union, and the Public Service Union brought challenges against the government on behalf of their members who were dismissed under the mandate.
The workers have maintained that they did not abandon or resign their jobs, as the government claimed. The workers said they were dismissed.
The special measures rules made under the SR&O – the vaccine mandate law.
The judge declared that none of the workers cease to be entitled to hold the respective offices of public officers and police officers within the relevant ministries, departments, or the Royal St. Vincent and the Grenadines Police Force, to which they were appointed respectively, by the Public Service Commission, the Police Service Commission and the Commissioner of Police and held at the relevant time.
She said that the dismissed workers are entitled to the full pay and all benefits due and payable to them in their respective capacities as public officers or police officers, inclusive of any accrued pension and gratuity benefits or rights from the respective dates on which they were deemed to have resigned.
“The Crown is liable to each claimant for damages for the reference constitutional breaches inclusive of an additional award to reflect the seriousness of the breaches and to deter any recurrence with interest at the statutory rate of 6% per annum,” Justice Henry ruled.
She issued an order to quash here Minister of Health’s decision to make the rule that brought the mandate into effect.
The court further quashed the PSC’s decision to deem the public officers to have resigned their offices by operation of the vaccine mandate law.
Justice Henry further made a similar order regarding the Commissioner of Police’s decision to deem police officers to have resigned from their jobs under the mandate.
She ordered that the claimants file and serve the application for assessment of damages within three months of — on or before June 14, 2023.
The court also directed the Public Service Commission, the Police Service Commission, the Commissioner of Police, and the Attorney General to make the necessary arrangements for the respective claimants to receive all payments and benefits to which they are or become entitled.
The claimants are required to file the application for assessment of cost within 45 days of — or on or before April 20, 2023.
Justice Henry ruled that the Minister of Health’s decision to deem the public officers to have resigned their offices without affording them an opportunity to be heard constitutes a breach of natural justice, contravenes the Constitution, is unlawful, procedurally improper, and void.
The judge further held that the Public Service Commission’s decision to deem the public officer to have resigned their offices and cease to be public officers by operation of law under the regulation of the SR&O is lawful and disproportionate
She said the Commissioner of Police’s decision to deem police officers below the rank of sergeant to have resigned their offices under the SR&O is unconstitutional and ultra vires.
The judge held that the Police Service Commission’s decision to deem police officers to have resigned from their jobs under the mandate without affording them an opportunity to be heard, constitutes a breach of natural justice, contravening the Constitution is unlawful, procedurally improper, and void.
See attached court ruling
Dominican constitutional lawyer Cara Shillingford-Marsh was the lead counsel for the applicants with Anthony Astaphan SC leading the team for the St. Vincent Government.