The Eastern Caribbean Supreme Court of Appeal ruled on Wednesday in favor of the St. Vincent and the Grenadines government regarding the controversial Covid-19 vaccine mandate for public sector workers. The Court decided that the Minister of Health did not need to consult with the Chief Medical Officer (CMO) before mandating that public sector employees take the Covid-19 vaccine in 2021.
The lawsuit was funded by the St. Vincent and the Grenadines Teachers’ Union (SGVTU), Public Service Union (PSU), and the Police Welfare Association (PWA). The complainants were former public sector employees, including Shanile Howe, Novita Roberts, Cavet Thomas, Alfonzo Lyttle, Brenton Smith, Sylvorne Oliver, Shefflorn Ballantyne, Travis Cumberbatch, and Rohan Giles.
The respondents in the case included the Minister of Health and the Environment, the Public Service Commission (PSC), the Commissioner of Police, the Attorney General, and the Police Service Commission.
In March 2023, former High Court judge Justice Esco Henry ruled against the government on all 11 grounds of the case, declaring that the vaccine mandate breached natural justice, violated the Constitution, was unlawful, procedurally improper, and void. The government appealed the decision, and the Court of Appeal heard the arguments on May 2, 2024, but reserved its judgment.
By a majority of 2-1, the Court of Appeal overturned Justice Henry’s ruling. Justices Eddy Ventose and Paul Webster agreed with the government’s appeal, concluding that the Health Minister did not act without the advice of the CMO. They also disagreed with the conclusion that the vaccine mandate breached natural justice or was unlawful. Justice Gerhard Wallbank dissented, describing the government’s actions as “draconian.”
