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  • Court rules St. Vincent Government COVID-19 Vaccine mandate law unlawful and unconstitutional

Court rules St. Vincent Government COVID-19 Vaccine mandate law unlawful and unconstitutional

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(Nature Isle News) –High Court judge Esco Henry ruled that the special measures rules made under Statutory Rules and Orders 28 of 2021 — the vaccine mandate law — are unlawful, unconstitutional, and void.

She further held that none of the public sector workers who lost their jobs under the law ceased to be entitled to hold their respective positions and are entitled to all benefits that were due and would become due to them.

Immediately as the decision was handed down, a lawyer for the government announced their intention to appeal.

The Police Welfare Association, Teacher’s Union, and the Public Service Union brought challenges against the government on behalf of their members who were dismissed under the mandate.

The workers have maintained that they did not abandon or resign their jobs, as the government claimed. The workers said they were dismissed.

The special measures rules made under the SR&O – the vaccine mandate law.

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The judge declared that none of the workers cease to be entitled to hold the respective offices of public officers and police officers within the relevant ministries, departments, or the Royal St. Vincent and the Grenadines Police Force, to which they were appointed respectively, by the Public Service Commission, the Police Service Commission and the Commissioner of Police and held at the relevant time.

She said that the dismissed workers are entitled to the full pay and all benefits due and payable to them in their respective capacities as public officers or police officers, inclusive of any accrued pension and gratuity benefits or rights from the respective dates on which they were deemed to have resigned.

“The Crown is liable to each claimant for damages for the reference constitutional breaches inclusive of an additional award to reflect the seriousness of the breaches and to deter any recurrence with interest at the statutory rate of 6% per annum,” Justice Henry ruled.

She issued an order to quash here Minister of Health’s decision to make the rule that brought the mandate into effect.

The court further quashed the PSC’s decision to deem the public officers to have resigned their offices by operation of the vaccine mandate law.

Justice Henry further made a similar order regarding the Commissioner of Police’s decision to deem police officers to have resigned from their jobs under the mandate.

She ordered that the claimants file and serve the application for assessment of damages within three months of — on or before June 14, 2023.

The court also directed the Public Service Commission, the Police Service Commission, the Commissioner of Police, and the Attorney General to make the necessary arrangements for the respective claimants to receive all payments and benefits to which they are or become entitled.

The claimants are required to file the application for assessment of cost within 45 days of — or on or before April 20, 2023.

Justice Henry ruled that the Minister of Health’s decision to deem the public officers to have resigned their offices without affording them an opportunity to be heard constitutes a breach of natural justice, contravenes the Constitution, is unlawful, procedurally improper, and void.

The judge further held that the Public Service Commission’s decision to deem the public officer to have resigned their offices and cease to be public officers by operation of law under the regulation of the SR&O is lawful and disproportionate

She said the Commissioner of Police’s decision to deem police officers below the rank of sergeant to have resigned their offices under the SR&O is unconstitutional and ultra vires.

The judge held that the Police Service Commission’s decision to deem police officers to have resigned from their jobs under the mandate without affording them an opportunity to be heard, constitutes a breach of natural justice, contravening the Constitution is unlawful, procedurally improper, and void.

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One response to “Court rules St. Vincent Government COVID-19 Vaccine mandate law unlawful and unconstitutional”

  1. Finally some JUSTICE around here!! But instead of the government (the people’s taxes) having to pay them, it should be the INDIVIDUALS that decided to ignore the constitution and make the experimental inoculation mandatory!! ….I hope Antigua is next

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

 

OECS MSME Guarantee Facility Project

Loan No.: IDA-62670, IDA-62660, IDA-62640, IBRD-88830, IDA-62650

Assignment Title: Senior Operating Officer (SOO)

Reference No. KN-ECPCGC-207852-CS-INDV

 

The Governments of Antigua and Barbuda, Commonwealth of Dominica, Grenada, St. Lucia and St. Vincent and the Grenadines have received financing in the amount of US$10 million equivalent from the World Bank towards the cost of establishing a partial credit guarantee scheme, and they intend to apply part of the proceeds to payments for goods, and consulting services to be procured under this project. 

The consultant will serve as the “Senior Operating Officer (SOO)” for the ECPCGC and should possess extensive knowledge of MSME lending with some direct experience lending to Micro, small and medium-sized businesses, knowledge of the internal control processes necessary for a lending operation and the ability to design and implement risk mitigation procedures. The ideal candidate should possess an Undergraduate Degree from a reputable college or university, preferably in Business, Accounting, Banking or related field, with a minimum of 5 years’ experience in lending, inclusive of MSME lending. The initial employment period will be for two years on a contractual basis. Renewal of the contract will be subject to a performance evaluation at the end of the contractual period. The assignment is expected to begin on September 30th, 2021.  The consultant will report directly to the Chief Executive Officer of the ECPCGC.

The detailed Terms of Reference (TOR) for the assignment can be viewed by following the attached link below. 

 

https://bit.ly/3iVannm

 

The Eastern Caribbean Partial Credit Guarantee Corporation (ECPCGC) now invites eligible “Consultants” to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have:

  • An Undergraduate Degree from a reputable college or university, preferably in Business, Finance, Banking or related field; and
  • Minimum of 5 years’ experience in MSME lending. Applicants should also have:
  • The ability to design and implement risk management procedures 
  • Extensive knowledge of MSME lending with some direct experience lending to small and medium-sized businesses
  • Extensive knowledge of MSME banking operations
  • Knowledge of the internal controls necessary for a lending operation and the ability to design and implement risk management procedures
  • Experience developing and presenting information in public, including responding to questions in real-time
  • Experience lending to MSMEs located in the ECCU
  • Knowledge of marketing and communicating with the MSME sector
  • Ability to draft procedures to be used in a lending operation
  • Familiarity with the mechanics of a loan guarantee program
  • Exceptional written, oral, interpersonal, and presentation skills, and
  • Proficiency in the use of Microsoft Office suite.

The attention of interested Individual Consultants is drawn to Section III, Paragraphs 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers July 2016, [revised November 2017] (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. A Consultant will be selected in accordance with the Approved Selection Method for Individual Consultants set out in the clause 7.34 of the World Bank Procurement Regulations for IPF Borrowers. 

 

Further information can be obtained at the address below during office hours 0800 to 1700 hours:

Eastern Caribbean Partial Credit Guarantee Corporation

Brid Rock, Basseterre,

St. Kitts.

Expressions of interest must be delivered in a written form by e-mail by August 11th, 2021, to [email protected]

 

For further information, please contact:

Carmen Gomez-Trigg                                                            Bernard Thomas

Chief Executive Officer                                                          Chief Financial Officer

Tel: 868-620-8144                                                                  Tel: 869-765-2385

Email: [email protected]                                          [email protected]