Employers, in both the public and private sectors, can impose a condition that employees who do not take the COVID -19 vaccine “may be terminated,” Prime Minister Dr. Ralph Gonsalves said at a news conference on June 15, 2021.
Dr. Gonsalves however said he is “hoping that we don’t have to come to that, that people will see sense and take up the vaccine”.
Gonsalves mentioned that in terms of current laws, both public sector and private sector, employers can impose a condition that employees can be terminated if they don’t take the vaccine.
“In the case of both public and private sectors, the employer has a right to have a safe place of work, including a healthy place for you to work, an environment for you to work,” Dr. Gonsalves said, adding that “this is recognized at the Common Law. Various statute law will bolster it, but the common law, it’s there”.
The Prime Minister also added that there is an obligation on the part of the employee to cooperate with the employer in order to have a safe and healthy workplace.
He said, however, that employers have to be reasonable on the matter. Employees who feel unsafe working in a close environment with unvaccinated workers may report the matter, or the employer can inform the employees that if the COVID-19 vaccine is not taken: “You may be terminated, but they have to be reasonable in terms of the notice”.
“So, for instance, the State, as an employer, the central government and the advice which we have received is that, and I read the law too, you will give a reasonable notice period. Say listen: we’re planning to have persons at this or that in this work environment vaccinated and that we’d make the vaccine accessible to you, whether it’s a two-week period you get or a four-week period in which this is going to be done and if you refuse to take it (the vaccine) you would be considered that this is an act of misconduct and acts of misconduct may lead to your dismissal,” Dr. Gonsalves explained.
Dr. Gonsalves said he is in discussion with the Attorney General’s Office on the matter.
“So, a policy and a procedural step would be formally put in place for that to be happening and I’m having a discussion with the office of the Attorney General on precisely this issue, but you asked me it legally and I’ve answered you legally and I’m now talking beyond that that the employer has to be reasonable and the employer has to out a procedure in place,” Dr. Gonsalves said.
“And this is acknowledged across all the common law jurisdictions,” he added, citing recent writings from Grenadian Lawyer and Professor Dr. Francis Alexis and recent policy moves being taken by the United States Of America.