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Supreme Court dismisses application by Cari-Med workers challenging constitutionality of company’s mandatory Covid-19 vaccination policy

by December 10th, 2021

The Supreme Court has dismissed an application brought by five Cari-Med workers, seeking to go to the Constitutional Court to challenge the company’s mandatory Covid-19 vaccination policy.

However, the court ruled that the breach of contract claim brought by the workers will proceed.

Cari-Med issued a vaccine policy in September which took effect in October.

The policy requires that all employees present proof of vaccination against Covid-19.

The policy further states that those workers who do not present proof of vaccination, will be required to present a negative test every two weeks, at their own expense.

The claimants filed a case on October 19 against the defendants, claiming a breach of their employment contract and violation of their constitutional rights.

They also sought an injunction pending the outcome of the case.

Today (December 10) the court declined to exercise its powers, under the Charter of Fundamental Rights and Freedoms.

It declined to make any determination, involving issues of the constitution and struck out the constitutional claim.

However the claim in relation to alleged breaches of contract will continue in the Supreme Court.

Justice Sonya Wint-Blair made the ruling today.

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