McClashie: Vaccination not mandatory for employees

LABOUR Minister Stephen McClashie said under the current laws of Trinidad and Tobago, employers cannot make it mandatory for their employees to take any vaccine for covid19 or any other illness. McClashie made this comment on Saturday against the background of some businesses, specifically restaurants, seeking to get their employees vaccinated against covid19 and some converting their operations to ones which are permitted under the current public health regulations.

Restaurants, bars, cinemas, casinos and certain retail establishments are on the list of businesses which cannot operate on any level, under the regulations.

McClashie said, "So far, as of today's date, the President of the Industrial Court (Deborah Thomas-Felix) has made a determination and said clearly, that is it not law and that employers have no jurisdiction in ensuring or mandating that their employees are vaccinated at this point."

Recalling that the ministry's industrial relations committee (IRAC) is examining the issue of a workplace vaccination policy, McClashie said, "What IRAC is doing now, is coming forward with a policy type prescrptive thing, that we would then take to the Cabinet."

He added, "I don't know if it takes enough traction, that it will find itself, in the (public health) regulations." McClashie was optimistic he would receive a report from IRAC this week.

Speaking in the House of Representatives on June 9, McClashie had the issue of a workplace vaccination policy was not an easy one to address.

"We have a number of things to consider, including health, human rights, legal considerations and maybe even personal rights under the Constitution." He pointed out, "This is an issue which all countries are grappling with at the moment and we have not found a single country which has defined a clear policy on this issue at this time."

At a virtual news conference on June 8, Attorney General Faris Al-Rawi said Government has not decided whether to make covid19 vaccines mandatory under law.

He referred to a ruling by the European Court of Human Rights (ECHR ) in April on mandatory vaccination as it related to a particular matter in the Czech Republic.

He said, "The Cabinet has not discussed this matter nor has advice been formalised in relation to this. All that I will say for now is that people are encouraged to vaccinate so that we can protect the nation as we move ahead."

In February, Thomas-Felix said employers cannot make it mandatory for workers to be vaccinated.

But she said if a person "is not employed at the establishment but is seeking employment, an employer can insist that the individual gets a vaccine in order to obtain employment at the establishment."

Thomas-Felix said the person can then decide to be vaccinated or not be employed at that business on those terms.

In a statement on June 15, the Employers Consultative Association (ECA) said more research was needed before any decision could be taken about making vaccination mandatory in TT. The ECA said it has taken no position on this issue.

To date, in a private/public partnership, workers in the construction, supermarket, manufacturing and security industries have been vaccinated. There are plans to open vaccinations to more sectors, including food and beverage and agriculture once vaccines become available.