The employees who took their fight against having a mandatory COVID-19 vaccine policy imposed upon them by local  pharmaceutical company Cari-Med, have lost their claim.

The Supreme Court dismissed their assertion that they had a constitutional claim not to have to prove they had been vaccinated.

However, the workers may still be able to press their breach of contract claim in court.

Corporate Jamaica will now have further impetus to insist that workers in the private sector comply with mandatory vaccination as the country looks to have 70 per cent of the population inoculated by the end of March 2022.

ADEQUATE RELIEF IN CONTRACT LAW

Telecoms company Digicel has insisted that its employees be vaccinated while GraceKennedy has taken the approach of persuasion and counseling. NCB has climbed down from its position that its staff must submit the results of a COVID test.

Cari-Med had informed its workers that, if they did not get vaccinated, they would have to present a test every two weeks at their own expense, to verify they have not contracted the COVID-19 virus.

The court issued a statement on the contentious case, reading: “The claimants have failed to establish what the law requires for constitutional relief to be granted. The court found that there is adequate relief to be had in the law of contract and they can seek their remedies in that context.”

Cari-Med boldly took the decision to insist on mandatory vaccination despite push back by some employees while other private sector companies looked on.

A statement issued to employees signed over the name of company chairman Glen Christian read: “I am writing to you (employees) out of abundance of concern for your health and well-being and, by extension, the continued viability of our organisation.

“When individuals are affected by the virus it has an adverse impact on the company’s productivity. A decline in productivity will no doubt lead to a salary freeze and a reduction in head count.”

Christian has made his position clear that the health and safety of the company must be a top priority.