The High Court will today rule on whether a former Hot Bread Kitchen employee’s appeal against his termination, for refusing the COVID-19 vaccination, will be allowed.
Businessman John Samisoni had applied for an extension of time within which to appeal a ruling against his constitutional redress case delivered in July last year.
His employer, Corporate Management Services Pte Ltd trading as Hot Bread Kitchen, terminated his employment in accordance with S52(F) of the Health and Safety at Work (General Workplace Conditions) (Amendment) Regulations 2021.
Court records show Mr Samisoni did not take the vaccination after he researched concerns regarding the vaccine.
He filed a motion for constitutional redress under section 44(1) of the Constitution, seeking six declarations and orders on October 13 that same year.
The defendants — the Minister for Employment, Productivity and Industrial Relations, the Minister for Health and the Attorney-General’s Chambers then filed summons to strike out Mr Samisoni’s appeal.
Justice Dane Tuiqereqere, in his analysis last year, cited the reasons provided in Fiji Teachers Association vs State as the basis for why Mr Samisoni’s motion could not succeed and struck out the motion.
Last week Justice Tuiqereqere heard from both parties where the A-G’s Chambers said the application was an abuse of the court process.
Appearing for Mr Samisoni were lawyers Reddy Nandan and Jagath Karunaratne.
