The Court of Appeal issued a 2-1 majority decision allowing the Government’s appeal in the St Vincent and the Grenadines vaccine case today. A powerful dissent was written by Justice Wallbank who maintained that the Government’s decision to impose a vaccine mandate on certain public officers was “unlawful and unconstitutional.”
The Prime Minister and Minister of Health changed the definition of ‘abandonment’ when they made regulations that prohibited unvaccinated persons from entering the workplace and deemed them to have abandoned their jobs thus affecting their pension rights.
The legal team for the dismissed workers is disappointed in the majority decision delivered by Justices of Appeal Ventose and Webster.
“We believe that Justice Wallbank was correct in his dissent and that the high court decision issued by Justice Henry was strongly grounded in a correct interpretation of the law. We intend to discuss with our clients the option of appealing to the Privy Council and to take the necessary action thereafter, Cara Shillingford lead counsel stated.
“We will read and study the judgment to gain a better appreciation of all of the views expressed in the decision. Thereafter, we will discuss with our clients all available options, including an appeal to the Privy Council, and will take the necessary action,” the lawyers stated.
The Court of Appeal made no order for costs in the High Court and Court of Appeal.