Dismissed Hot Bread Kitchen Managing Director, John Samisoni has filed a constitutional redress case in court against Corporate Management Services Limited trading as The Hot Bread Kitchen, the Minister for Employment, Minister for Health and the Attorney General.
Samisoni is claiming that the Vaccine Regulations under the Health and Safety at Work Amendment Regulations 2021 contravenes the rights under Chapter 2 Bill of Rights of the 2013 Constitution.
He says section 11(3) of the Constitution relating to the freedom from cruel and degrading treatment on the ground that Samisoni’s dismissal from his employment with Hot Bread Kitchen due to his refusal to receive the first dose of the COVID-19 vaccine by 1st August 2021, contravenes Samisoni’s right to freedom from scientific or medical treatment or procedures without Samisoni’s informed consent.
Samisoni is seeking the court’s declaration that the Vaccine Regulation is a law that is inconsistent with the Constitution.
He is also seeking orders that the termination letter issued by Hot Bread Kitchen to John Samisoni is null, void and of no effect.
Samisoni is also seeking orders for interim or preliminary injunction against those continuing to terminate the employment of workers pursuant to the Vaccine Regulations and those continuing to authorise the use of the COVID-19 vaccines until the determination of the motion filed by Samisoni.
Samisoni is represented by Simione Valenitabua.
Hot Bread Kitchen is represented by Graham Leung, Ratu David Toganivalu and Sainiana Radrodro.
The case will be called before Chief Justice Kamal Kumar on December 16th.
