Samisoni, FTA Jab Job policy case adjourned to December

Former Hot Bread Kitchen operation manager John Samisoni whose contract was terminated by his employer and mother Mere Samisoni for refusing vaccination is seeking constitutional redress in relation to the Vaccines Regulations in one of two cases heard in a high court in Suva today contesting the legality of the no jab no job policy.

Filed by his counsel Simi Valenitabua, the declaration sought by the applicant were that Samisoni’s right to freedom from scientific or medical treatment or procedures without his informed consent as well as his right not be unfairly discriminated against based on his vaccination status provided under sections 11(3) and 26(3)(a) of the country’s 2013 Constitution were violated by Hot Bread Kitchen, ministers for employment and health and the attorney general when he was dismissed from his employment due to his refusal to receive the first dose of the COVID-19 vaccine by 1 August 2021 as per sections 52C and 52D of the Vaccine Regulations.

The application also sought to declare that the Vaccine Regulations is inconsistent with the Constitution and as such invalid.

Counsels of the respondents – David Toganivalu, Graham Leung, Tevita Cagilaba and Sainiana Radrodro for Hot Bread Kitchen, and David Solvalu and Nazia Ali for the state reps – have been given until 1 December to file their response. Valenitabua will then be given until 15 December to respond before the case is called again on 16 December for mention.

The other case relating to the jab policy heard before Chief Justice Kamal Kumar as well was the Fijian Teachers Association case with Valenitabua as their counsel.

The matter has also been adjourned to 16 December for mention, prior to which the state will file their response on 1 December, and Valenitabua responds by 15 December.

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