Businessman John Samisoni, who was terminated from Hot Bread Kitchen for refusing the COVID-19 vaccination, has been allowed to file and serve his appeal application to the Appellate Court.
High Court judge Justice Dane Tuiqereqere yesterday granted Mr Samisoni’s application for extension of time to appeal against his constitutional redress case delivered in July last year.
Mr Samisoni had 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 a summon to strike out Mr Samisoni’s appeal, and this was granted by Justice Tuiqereqere. Court records show Mr Samisoni did not take the vaccination after he researched concerns regarding the vaccine.
He was required to file the appeal application within 21 days from the date of the judge’s decision, but was delayed by six months.
Justice Tuiqereqere said he was satisfied that the issue on appeal was of considerable public interest and had compelling reasons for the higher courts to consider the matter.
“The 2021 regulations affected a large number of people causing their termination of employment,” he said.
“I am satisfied that the issue is at least arguable. The issue is not moot for the applicant despite his re-employment, he was out of pocket for the period between his termination and re-employment.”
