Ruling on notice in the strike out application in the case of dismissed Hot Bread Kitchen Managing Director, John Samisoni

Chief Justice Kamal Kumar will deliver his ruling on notice in the strike out application in the constitutional redress case of dismissed Hot Bread Kitchen Managing Director, John Samisoni.

The strike out application has been made by the Attorney General, the Minister for Employment, Productivity and Industrial Relations, the Health Minister and the application is supported by Corporate Management Services Limited trading as The Hot Bread Kitchen, as they are the respondents in this case.

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.

Devanesh Sharma who appeared on instructions from the Attorney General’s Chambers told Chief Justice Kumar that Samisoni made a deliberate choice to not get vaccinated and he must live with the consequences of his choice.

Sharma also says Samisoni exercised his right when he decided to not get vaccinated.

He added that more than 90 percent of the adult target population in Fiji have decided to get vaccinated.

Samisoni’s lawyer, Vinisoni Filipe argued that Samisoni sees the choice given under the Act as an ultimatum that if you are not vaccinated, then no job.

Filipe says Samisoni does not see that as a choice.

Samisoni 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 authorize the use of the COVID-19 vaccines until the determination of the motion filed by Samisoni.