No law prohibiting companies from enforcing mandatory vaccination, says bar association

Jamaican Bar Association president, Alexander Williams, says Jamaica currently has no law that forbids an employer from enforcing mandatory vaccinations for workers.

Further, Williams notes that no court or any other authority has made any ruling against the issue.

“There is also no law or ruling that says that dismissing a worker for being unvaccinated constitutes discrimination or would not be justifiable in the contest of a global pandemic,” he said in a statement.

READ: Mandatory vaccination orders by employers could reach court

Williams said the bar association is concerned about remarks made by a Ministry of Labour official on COVID-19 vaccination.

Gillian Corrodus, divisional director of Industrial Relations and Allied Services at the Ministry, was quoted by a newspaper as saying that the country has no laws that support mandatory vaccination of workers against COVID-19.

It was further stated that if the country was to sanction mandatory vaccination, it would have to be in line with convention 111 of the International Labour Organisation (ILO), which speaks to the issue of discrimination. 

But, Williams contended that the discrimination being addressed in the ILO convention relates to freedom from discrimination based on gender, race, place, origin, social class, colour, religion or political opinions, which is already prohibited under Jamaica's Charter of Fundamental Rights and Freedoms.

“So, it is not the ILO convention but rather our Constitution that we all, including the Government, will be required to follow,” he said in a statement.

“The question is not simply whether there are laws that support mandatory vaccination but whether there is a law that prohibits it. Presently, there is no law that expressly neither prohibits mandatory vaccination against the COVID-19 by an employee nor has there been a ruling to that effect by a court or other competent authority.

“There can be no doubt that the issue must be examined and resolved in the context of all relevant legislation including our Constitution as well as rulings by the court in interpreting these legal provisions,” he said. 

However, given the uncertainty, Williams is recommending that the Government makes a public statement on its position, based on legal advice.

Earlier this month, Prime Minister Andrew Holness indicated that the Government has no plans to make COVID-19  vaccination mandatory.

- Tanesha Mundle

Follow The Gleaner on Twitter and Instagram @JamaicaGleaner and on Facebook @GleanerJamaica. Send us a message on WhatsApp at 1-876-499-0169 or email us at onlinefeedback@gleanerjm.com or editors@gleanerjm.com.