SINCE being furloughed does not constitute an indefinite unpaid leave, all public servants risk losing their jobs if they refuse to be vaccinated without medical exemption after a defined period, the Attorney General has warned.
And although AG Faris Al-Rawi said the government "respects the views and considerations of all persons,” he also said it must act and is prepared to take any legal challenge to this all the way to the Privy Council, if it faces resistance.
Al-Rawi made these points on Tuesday when he hosted a virtual news conference from his ministry to address concerns raised by trade unions and other representatives of public sector employees in relation to Saturday’s announcement by the Prime Minister, who said public sector workers who choose not to be vaccinated, at least with a first dose, by mid-January, will be furloughed.
The move, the PM and AG said, was necessary, owing to low vaccination rates in several sectors of the public service, such as the police and immigration.
Rowley announced that from December 24-January 2, the public service, with the exception of essential services, will be closed to help curb the spread of the virus, while giving workers an opportunity to get their vaccines.
“As we have seen from weekly and daily (public health) conferences, we have hit a vaccination wall,” Al-Rawi said at Tuesday’s media conference, adding that the government, like many others, has been compelled to take a stance.
“The rights and individual concepts (in other countries) have been balanced against preserving lives in a larger context such that injunctions have been refused and laws, including mandatory vaccine laws, have been upheld,” said Al-Rawi.
WORKERS STILL HAVE A CHOICE
However, unlike some jurisdictions, the AG said, TT’s government is not proposing a mandatory vaccination.
Instead, he said, “The government is proposing that (public-sector workers) have the choice of being vaccinated and turning up to work or, if they choose not to receive a vaccine, for instance for medical reasons, medical exemption or medical deferral, that they would have to be tested on a standing basis or elect not to continue their employment.”
Al-Rawi said this is not for an indefinite period and those who were furloughed with no intention of being vaccinated and without a medical exemption can and will likely lose their jobs.
[caption id="attachment_930784" align="alignnone" width="839"] BOOSTED: Public servant Dr Ariel Mendez, of the Port of Spain General Hospital displays her vaccination card after she received her covid19 booster (third dose) shot on Tuesday at the Paddock, Queen's Park Savannah in Port of Spain. PHOTO BY SUREASH CHOLAI -[/caption]
“In most of the jurisdictions I’ve looked at, (in) most of the countries, laws have been passed already or certain entities have elected to introduce measures such as this without a law.
“In TT, the context had to be gelled by a policy decision of the government. The room for exploring this position is now at hand and in (the) consultation
