Government Senator Kavan Gayle has lauded the claimants in the case brought against Cari-Med Group, challenging the implementation of a COVID-19 vaccination policy.

“I am of the agreement that matters of this nature should have been tested and it highlights that we have a system in place that can work, that protects the rights of individuals, and it ought to be tested. This is one area where I commend these individuals for testing it, for taking it to the court and for the court in doing the necessary reviews and research to come up with a conclusion,” the senior trade unionist said in a Jamaica Observer interview in response to the Friday’s ruling by the Supreme Court, which partially squashed the suit.

The court determined that the criteria for a claim of constitutional breaches had not been met, and that the matter was essentially a contract issue.

At the same time, Gayle cautioned against any possible victimisation of the workers.

“They have made other submissions, so we will await that, but I only hope that in the meantime there is no victimisation of these individuals [because] that’s a fundamental right that they have exercised [but] we’ll see what happens,” added Gayle.

On October 19, 2021, the employees of the pharmaceutical, consumer and medical equipment supply company initiated a claim against the defendants for breach and/or anticipatory breach of their employment contracts as well as violation of their constitutional rights, after the company implemented a COVID-19 vaccination policy on October 4.

It required all employees to present proof of vaccination from COVID-19 unless a reasonable accommodation was approved; and that employees who failed to comply had to present a negative PCR test result every two weeks at their expense.

Some of the issues raised by the five claimants were that the only alternative to the vaccine is testing, which would have unjustifiably unequal effects, such as unvaccinated individuals being the only ones tested despite the fact that both vaccinated and unvaccinated individuals can remain asymptomatic while positive for COVID-19.

In the claim they sought constitutional redress pursuant to the Charter of Fundamental Rights and Freedoms, which the court struck down, and awarded court costs to the defendants.

Private sector leaders have been urging the Government to give clear guidance to companies as to how to proceed with COVID-19 vaccination policies for the workplace.

At a meeting of the Economy and Production committee of Parliament, president of the Jamaica Manufacturers and Exporters Association John Mahfood said the Government has not taken a strong enough position.