The Court of Appeal in St. Vincent and the Grenadines (SVG) has granted conditional permission for the contentious ‘Vaccine Mandate Case’ to be referred to the Privy Council in London, the nation’s highest judicial authority, for a definitive resolution. This legal battle stems from the November 2021 decision by the Ralph Gonsalves-led Unity Labour Party (ULP) government, which declared that public sector workers refusing to comply with the COVID-19 vaccination mandate had effectively abandoned their jobs. The Public Service Union, SVG Teachers’ Union, and Police Welfare Association spearheaded the lawsuit, which initially saw High Court Judge Justice Esco Henry rule in favor of the workers in March 2023. However, a subsequent 2-1 decision by the Court of Appeal in February 2025 overturned this ruling, prompting the workers to seek the Privy Council’s intervention. During a virtual hearing in Kingstown, the government’s legal team, led by senior counsel Anthony Astaphan, opted not to present oral arguments, leaving the decision entirely to the court. Cara Shillingford, lead counsel for the workers, emphasized the case’s constitutional significance, particularly regarding property and pension rights under Section 99 of SVG’s Constitution. She also highlighted the High Court’s finding that the vaccine mandate violated Section 77, which governs the Public Service Commission’s independence. The court acknowledged the substantial public interest in resolving this critical constitutional issue. The panel, comprising Justices Trevor Ward, Peter Foster, and Reginald Armour, noted the undisputed value of the workers’ pensions, which far exceeded $1,500, as evidenced by affidavit submissions.
Vaccine Mandate Case sent to Privy Council for final decision
