Judge: No such thing as ‘no-jab-no-job’ (Govt) policy

News that matter in Papua New Guinea

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Judge: No such thing as ‘no-jab-no-job’ (Govt) policy

PORT MORESBY: Deputy Chief Justice Ambeng Kandakasi says there is no such thing as a “no-job-no-jab” (Government) policy.

He told lawyers involved in three cases concerning the Coronavirus (Covid-19) safety protocols in the workplace in the National Court in Waigani on Tuesday last week.

In the same hearing, Justice Kandakasi also refused to grant qan interim injunction to 34 unvaccinated Oil Search Limited (now Santos) employees who have been locked out of their workplace.

“The Covid-19 vaccination is not being forced upon anybody. (But) with poor enforcement of the Niupla Pasin (New Normal protocols), the risks are greater.

“I am not satisfied the plaintiffs (the 34) will suffer irreparable damage,” he added.

Details of the court proceedings were published by The National:

Judge: No-jab-no-job not a policy

December 29, 2021The NationalMain Stories

By CHARLES MOI
A JUDGE has told lawyers involved in three cases concerning the Coronavirus (Covid-19) safety protocols in the workplace that there is no such thing as a “no-jab-no-job” policy.
Deputy Chief Justice Ambeng Kandakasi made the remarks while presiding over the three cases at the National Court in Waigani last Tuesday.
The first case was filed by the unvaccinated employees of the National Capital District Commission (NCDC), asking the court to enforce the rights of the workers according to Section 41 of the Constitution (Prescribed Acts) and Section 48 of the Constitution (Freedom of Employment).
City manager Bernard Kipit, Governor Powes Parkop and the NCDC were the defendants represented by Ashurst Lawyers.
The second case was filed by lawyer Baundo Francis, through the Human Rights Advocacy International, seeking to protect the legal rights of unvaccinated people.
The third was filed by 34 unvaccinated employees of the Oil Search Limited (now Santos) who were aggrieved by the company’s workplace policy for its workers to get vaccinated. Justice Kandakasi said there was no such thing as a no-jab-no-job policy.
“There is no such policy by the government or by the private sector,” he said.
“What I do know is that you get the jab and you have freedom to go to the workplace.
“If you do not have the jab you submit current valid Covid-19 test (results).
“Whether that is an infringement in the (National) Pandemic Act, is something I do not know. That is something counsels should be helping me (with).”
Solicitor-General Tauvasa Tanuvasa representing Health Minister Jelta Wong, National Pandemic Response Controller David Manning, the National Executive Council (NEC) and the State, told the court that the parties agreed that the Covid-19 vaccination was voluntary.
But Tanuvasa said an issue of contention was the imposing of conditions, including vaccination, at workplaces.
He said companies and authorities should be allowed to deal with their own staff concerning work place safety.
Francis said they had agreed that vaccination was voluntary but the employer-employee relationship was where the court needed to take action to clarify the matter and ensure a just outcome.
Justice Kandakasi ordered the case filed by the Oil Search workers be heard together with the cases filed by the NCDC workers and the Human Rights Advocacy International.
He ordered Wong, Manning and the Government to provide the National Covid-19 Pandemic and Response Strategy Plan including the country’s overall response to the pandemic by Jan 17, 2022.
The matter was adjourned to Jan 27, 2022.

Court refused to grant order for anti-vaxxers

December 29, 2021The NationalNational

By CHARLES MOI
THE National Court has refused to grant an interim injunction to 34 unvaccinated Oil Search Limited (now Santos) employees who have been locked out of their workplace.
“The Coronavirus (Covid-19) vaccination is not being forced upon anybody. (But) with poor enforcement of the Niupla Pasin (New Normal protocols), the risks are greater. I am not satisfied the plaintiffs (the 34) will suffer irreparable damage,” Deputy Chief Justice Ambeng Kandakasi said in his ruling on Tuesday last week.
Lawyer Lance Okil, who appeared for the aggrieved employees, told the court that his clients decided not to get vaccinated for various reasons.
“This included, medical grounds, religious beliefs, and some invoking their constitutional rights. They asked to be exempted from that policy but the employer refused, so they came to court,” he said.
He sought an interim injunction for his clients until the matter returns to court in January.
Okil said the case was filed in the context of Oil Search adopting a policy of achieving 100 per cent vaccination rate for all of its employees.

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