REGIONAL: Unions file motion seeking to quash government vaccination policy

SOURCE: CMC- The Guyana Trades Union Congress (GTU) has filed a motion in the High Court here urging it to set aside a government’s policy on vaccination that it says is intended to force workers to become vaccinated against the coronavirus (COVID-19) pandemic.

The GUT, which is being supported also by the Guyana Teachers’ Union (GTU) and the Guyana Public Service Union (GPSU), wants the High Court to quash the COVID-19 Emergency Measures (No. 20) Notice dated the 29th day of July, 2021 and published in the Extraordinary Publication of the Official Gazette dated the 29th day of July, 2021.

Those measures require government workers and public transportation providers, among others, to be vaccinated or have in their possession a recent negative PCR test before they can enter their workplaces, transact business with government agencies or provide transportation services.

Attorney General Anil Nandlall is the respondent in the matter in which the trade unions are also  asking that the government bear the cost of a COVID-19 testing regime for State employees until the determination of the Fixed Date Application.

In addition, the unions want ahead of the hearing of the substantive case, that the High Court grants an interim injunction prohibiting the government, its agents and authorised entities from implementing the measures as contained in the COVID-19 Emergency Measures (No. 20).

GPSU Vice President Dawn Gardner, is asking the High Court to stop government from preventing unvaccinated workers from entering their workplaces.

“While section 17 appears to apply to members of the general public who wish to attend government departments and agencies for access to government services, the State appears to be applying it to employees of the State who work at these departments,” said Gardner, whose union represents 19,000 workers.

“The rule of law demands certainty in the application of laws on the citizens of Guyana.  I am advised by my attorneys-at-law that it is just and convenient that an interim injunction should be issued restraining the government from implementing section 17 of the Covid-19 Emergency Measures (No. 20) Notice,” she added.

The unions also want the High Court to declare that a direction by President Dr. irfaan Ali on  March 16, this year was made in excess of his jurisdiction under section 21 of the Public Health Ordinance, and was an unconstitutional and improper delegation of the President’s powers.

“The regulation is unreasonable and arbitrary as it makes no provision for its termination in the event that the Central Board of Health is in a position to convene a meeting to make regulations; or be expressed to be for a specific and defined reasonable period of time which would allow the Central Board of Health to convene a meeting.”