Supreme Court refuses injunction against Digicel, Cari-Med COVID vaccine policies

Jovan Johnson/Senior Gleaner Reporter

The Supreme Court has refused to grant injunctions blocking the implementation of mandatory COVID vaccine policies by Digicel Jamaica and Cari-Med Limited pending trial.

Today's two separate rulings mean employees must comply with COVID vaccination or routine testing at their expenses until the substantive hearings are held.  

In the first decision, Justice Sonya Wint-Blair ruled against Doric White's application for an interim injunction to block enforcement of Digicel's policy that took effect in September.

The judge said Digicel, other employees and their families would face "negative and far-reaching consequences" if the injunction was granted. 

"In fact, the defendant may suffer harm which could not be compensated in damages. The workforce in any organisation is its greatest asset and the human resource is to be protected by the employer," she said. 

Justice Wint-Blair also said White did not show that he could cover Digicel's losses if the case does not end in his favour. 

White, a senior data specialist, also lost his bid to have his claim of alleged constitutional breaches heard. 

Wint-Blair said other remedies exist for any such violations. 

Meanwhile, Justice Wint-Blair also dismissed the application by five Cari-Med employees for a similar injunction against the company's policy. 

The workers had argued that their rights were threatened with the rollout of the policy. 

But the judge argued that there is a "far more substantial risk" of real harm to society including health threats to Cari-Med's other employees and especially those with other illnesses. 

"The prejudice to the defendant will take the form of exposure to potential liability, immeasurable risk to the health and safety of its employees and its human resources," she said. 

Justice Wint-Blair also said the national aim of safeguarding public health as mandated by the Disaster Risk Management Act (DRMA) weighed heavily in the decision. 

"These harms significantly outweigh the harms identified by the claimants in this application based on the evidence they have presented to this court," she said. 

The DRMA is the government's primary legislative tool to fight the COVID-19 pandemic. 

On December 10, the judge struck out workers' claims for constitutional breaches, noting that redress can be found elsewhere. 

It is not automatic that a claim against constitutional rights is heard especially if the court believes that the issues can be addressed otherwise.  

The claims for breach of employment contract by the Digicel and Cari-Med workers have been allowed to proceed but those trials will not take place anytime soon. 

Justice Wint-Blair has been the only judge hearing all the COVID vaccine-related cases, which have so far been argued in chambers. 

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