The COVID-19 vaccination programme is facing its first legal test, as two claims have been filed in the Supreme Court by workers of two companies.
The companies are AIC Group and Cari-Med, whose subsidiary Kirk-FP was also named as a defendant.
They are seeking to stop the companies from mandating them to take the vaccine and constitutional relief for breaches of their rights.
Four workers of AIC are seeking an injunction to stop the company from enforcing its mandatory vaccine policy against them, from withholding their salaries, or from dismissing them.
They contend that the policy changes are a breach of their contract and the court's intervention is necessary.
In the Cari-Med case, five workers have sued the company and Kirk-FP.
They are also seeking an injunction to stop the company from imposing the mandatory policy against them and to also stop their dismissal.
However, they are also seeking declarations under the Constitution based on the Chapter 3 provisions that entitle Jamaicans to fundamental rights and freedoms.
They claim that their rights to freedom of life and liberty, freedom of the person, the right to equality before the law, and right of respect for family life are being breached.
In their affidavits, the workers say they have given exemplary service to the companies over several years, and have successfully worked from home and office during the pandemic without issues.
However, since their objection to the policy, they have been removed from work emails and barred from entering the compound.
They all have serious reservations about being forced to take the vaccine, in circumstances where it does not prevent the virus, and where data are still emerging about their effects on humans.
They have also taken issue with the weekly PCR tests to be submitted which cost almost $50,000 per month.
They want the court to halt this policy or pause it until the issue is fully ventilated and decided.
No date has been set for the hearing of the matters.
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