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Mandatory vaccination in workplace issue engaging attention of Labour Minister & AG

- Premier Fahie said the issue of 'persons rights' has come into play
The issue of employers mandating employees to get vaccinated is being looked at from a legal standpoint by Minister for Natural Resources, Labour and Immigration Hon Vincent O. Wheatley (R9) and Attorney General Dawn G. Smith. Photo: Youtube/SSB/File
Employers have been relying on Section 135 of the VI Labour Code, 2010 to justify their mandatory vaccination policy. Photo: VINO/File
Employers have been relying on Section 135 of the VI Labour Code, 2010 to justify their mandatory vaccination policy. Photo: VINO/File
Premier and Minister of Finance Honourable Andrew A. Fahie (R1) said a statement on the legal findings of mandatory vaccination being enforced by employers will be brought to the public in a matter of weeks. Photo: VINO
Premier and Minister of Finance Honourable Andrew A. Fahie (R1) said a statement on the legal findings of mandatory vaccination being enforced by employers will be brought to the public in a matter of weeks. Photo: VINO
ROAD TOWN, Tortola, VI- With the increasing allegations of certain employers mandating their employees to be vaccinated if they wish to continue working, especially in the hospitality sector, Premier and Minister of Finance Honourable Andrew A. Fahie (R1) said the issue has become a legal matter that is being explored by Labour Minister Honourable Vincent O. Wheatley (R9) and Attorney General Dawn G. Smith.

He told members of the press on Thursday, May 20 2021, that the matter also includes the rights of persons.

The matter has been a hot debate with the pending arrival of the cruise ships in June. Some cruise ships have already indicated that their guests prefer to interact with fully vaccinated persons in the tourism sector.

“This has become an issue for the whole world, and there are some governments that are making it mandatory, but we are seeing too that they are being challenged, and it is a matter now of persons' rights. I am a full advocate to encourage for persons to be vaccinated, but I am also mindful that persons have rights but at the same time, whatever we can do to make sure that we reduce or eliminate the spreading of this deadly disease especially with the variants, that we do it,” he stated.

Section 135 of VI Labour Code
 
Employers have been relying on Section 135 of the VI Labour Code, 2010 to justify their vaccination policy.
 
That section of the code states, among other things, that: (1) An employer at any workplace including a construction site shall ensure that, (a) a safe, sound, healthy and secure working environment is provided as far as is reasonably practicable; (b) the measures and procedures prescribed by the Code and the Regulations are carried out; (c) every supervisor and every employee performing work complies with the Code and the Regulations; (d) every reasonable precaution is taken in the circumstances for the protection of a worker; (e) reasonable precaution is taken in the circumstances to protect the general public who comes into contact with the work site…”

According to the Premier, Minister for Natural Resources, Labour and Immigration Hon Vincent O. Wheatley (R9) and Attorney General Dawn G. Smith are looking at the issue from a legal standpoint.

“In terms of what to tell the businesses legally whether they can or can’t, the ruling is still out with that, and I can almost say that in a few weeks’ time, there will probably be a statement coming out on that in terms of the legal findings,” he added.

Premier Fahie said he did not want to comment on what should happen in the meantime because the matter is still being examined, and it could make the government liable if his statement and the legal findings are not on the same path.

“In this position that I am in, sometimes your personal views are not mutually aligned with the legal views, and you have to be guided by the legal views when you are in these positions. So I have to wait until that comes out before I could speak to that full topic with the full legal knowledge and backing,” he said.

Leverick Bay 

Just this week, following news that staff members at Leverick Bay Resort and associated companies were given an ultimatum to either vaccinate for COVID-19 or be subjected to third party COVID-19 testing out of pocket every 14 days, Company Director of Operations Sharon P. Flax-Brutus had indicated that the policy was shared with government authorities before it was circulated.

In a letter dated May 5, 2021, and written by Christina Yates, the founder of the group, she told staff that they now have a choice to either follow the policy or be laid-off.

Staff who refuse the policy will be laid off for an initial period of 90-days, according to the letter seen by Virgin Islands News Online.

In an audio recording obtained by Virgin Islands News Online (VINO), Flax-Brutus, a former Director of Tourism, told staff in a meeting that the vaccination policy was vetted before it was sent to staff.

42 Responses to “Mandatory vaccination in workplace issue engaging attention of Labour Minister & AG”

  • pat (21/05/2021, 08:22) Like (21) Dislike (48) Reply
    I support the stands of the private sector vaccinate or be late
    • @Pat. Bias (21/05/2021, 09:28) Like (24) Dislike (41) Reply
      I support the stand for all workers dealing with the public, staff and customers to be mandatory vaccinated.....Better to be safe, or feel safe than to be wondering, worried or been sorry., Thats basically whats the labour code is implying as employers rights...The Government is also an employer, they too have the rights to employ this work place safety policy.
    • fact (21/05/2021, 11:44) Like (35) Dislike (5) Reply
      Just to be clear; there is no mandatory vaccination in any workplace in BVi. Everyone has a choice.
    • VG (22/05/2021, 18:05) Like (1) Dislike (0) Reply
      WE SHAMEEEEEEEEEE LF! DISAPPOINTMENT!
  • vaccinate (21/05/2021, 09:02) Like (26) Dislike (10) Reply
    go vaccinate our MOTHER.....
    • W*F (21/05/2021, 11:45) Like (10) Dislike (5) Reply
      What on earth does that mean and why would anyone other than your siblings like what you wrote?
    • vaccinate (21/05/2021, 16:29) Like (29) Dislike (1) Reply
      The workplace should sign a liability document if they require you to get a vaccination. In case you get sick from it they pay your medical bills !
      • Hutman (22/05/2021, 05:30) Like (2) Dislike (1) Reply
        Maybe the workers who refuse to vaccinate should indemnify the employers against the loss of income caused by their clients choosing not to be around unvaccinated employees.
  • HMMM (21/05/2021, 09:09) Like (36) Dislike (5) Reply
    The VIP is responsible for this...you cannot make persons take the vaccine or put mandates in place to force people to do so. Increasing quarantine from 4 to 7 days is doing just that. The Government is to blame, point blank period
  • Concerned (21/05/2021, 09:16) Like (70) Dislike (39) Reply
    Section 135 of the Labour Code does not apply to a Pandemic, "the pandemic". When the code was written pandemic was no where on the horizon, so those employers are taking advantage of situation, while the government sit back and allow it to happen in order to push their vaccine program. The countries that make this vaccine is not mandating it on their citizens; why because the vaccine not licensed nor approved. It was authorized for emergency purposes. You are taking it at your own risk. So let people be, it should not be forced on anyone.
  • s. 135 (21/05/2021, 09:20) Like (15) Dislike (24) Reply
    Appears abundantly clear that employers can mandate vaccination against the Covid virus for their employees. Why hire and pay a bunch of expensive lawyers to 'research' this section and provide their legal opinion. Please skip all the legal theatrics and move on.
  • Yes (21/05/2021, 09:27) Like (22) Dislike (61) Reply
    Lay them off indefinitely because they have no intention of taking the vaccine. Let them find work on a farm where they will only interact with plants and animals and hopefully no humans
    • Likku (21/05/2021, 11:47) Like (1) Dislike (2) Reply
      I did exactly that but now I’m getting grief for eating all the pangolins.
    • Linda (21/05/2021, 14:56) Like (26) Dislike (3) Reply
      @ Yes, you yourself don’t need to interact with humans, if you think the only way people must live is with the billionaires poison in their system and your approval, then you and Hitler need to go the same way...to HELL! You sound like a KEN or KAREN, your way or no way fool!
    • omg (21/05/2021, 20:04) Like (1) Dislike (1) Reply
      Go put your mother on a farm
  • Liable if ..... (21/05/2021, 09:31) Like (14) Dislike (6) Reply
    If u all offend me on grounds of my rigth yes ..and those big companies and small .....monkey know wat tree to climb......I waiting
  • musa (21/05/2021, 09:33) Like (6) Dislike (1) Reply
    what about our students and all teachers
  • money (21/05/2021, 09:37) Like (5) Dislike (1) Reply
    Can only buy politician but not true leaders u got to get rid of them with COI. ...hold that strain boomer boy could see ur stand that why u so hated keep in mind it a lot behind u too
  • FDA NOTICE (21/05/2021, 09:38) Like (50) Dislike (12) Reply
    Legally person can refuse to take a vaccine that is still in trial stages!

    According to the FDA the vaccine is not certified as safe at this point! Simply trial drug.

    United Nations also supports that person cannot be mandated to take vaccine into that body.

    Please organize a class action lawsuit that will challenge all companies for violating human rights!
    • @fdanotice (21/05/2021, 11:50) Like (10) Dislike (27) Reply
      What has the fda in America got to do with us?
      Who cares what foreign countries do? We have our own laws and culture.
      • Not selfish (21/05/2021, 15:51) Like (25) Dislike (1) Reply
        International laws always supersedes the laws of any country especially when is comes down to human rights abuse. Let’s be clear sometimes we are very ignorant to the conversation we put our selves in when we should just stay aside and listen. If the government of any country does not mandate something, it’s unlawful for any private sector to mandate it. That’s on abuse of your individual rights.
  • Serious times (21/05/2021, 09:45) Like (25) Dislike (4) Reply
    From you support mandatory. It's gunshots, morque then cemetery. Because the fakes seems to be heading far from reality.
  • True (21/05/2021, 09:57) Like (44) Dislike (7) Reply
    I don’t go to hotels that have smoking rooms (smell), I don’t want to go to hotels I need to worry about touching surfaces that might have been touched by non vaccinated people, I would like to vacation myself without a mask .. it’s the type of product I seek to buy ...take it as a given.

    Now we can talk about personal choice. People can choose to vaccinate or not and believing in their own science and other believes.
    However businesses have also their own choice. If they want to develop a biz that caters to biz like me... it’s their choice to do so a choose a staff that can support the statement *all our staff is vaccinated “.

    The bvi gov will be demanding that all passengers on a cruise line will be vaccinated. Don’t you think it include staff on the boat?

    The world moves on, people can choose to stay behind but should not expect the world for ever to accommodate their 5G, Bill Gates, Queen wants to control my body theories as legit as might seems ...

  • Outlaw (21/05/2021, 10:21) Like (23) Dislike (3) Reply
    Is the Labor Code greater than the Constitution? No one can forced a vaccine on another except it’s mandated by law. I believe under the Labor Code, the law makers were more focused on bodily injuries and harm
  • Greg (21/05/2021, 10:45) Like (31) Dislike (6) Reply
    Sheep being led to the slaughter. People here had Corona virus and recovered without injecting poison into their systems. The vaccine will not stop the virus but if you do get it they say, it will not be as bad. Bull crap! They don’t know yet. This is still experimental and don’t know what the ramifications will be. If the cruise ship passengers want only vaccinated businesses, let them go there then. We get plenty of tourists from flying in or charters. Tourists on cruise ships cannot dictate everyone’s lives. I am from here, self employed, no employees, I wear my mask, distance, sanitize and make sure customers do the same and that is good enough for me so whoever doesn’t like it, don’t have to come here. There are plenty who do who live here and I don’t rely on tourism anyway. I farm and sell produce daily.
  • Concerned (21/05/2021, 12:14) Like (30) Dislike (1) Reply
    The ICCPR - International Covenant on Civil & Political Rights, Article 7 and Article 4.2 spells out our rights that all nations including the Caribbean Islands (CARICOM) have all agreed to. No government can forced their citizens to take any vaccines under any conditions against their will. People please read and know your right, we have rights no one including employers can force anything on you. That mandated vaccines that employers are forcing on employees can be challenged in the courts.
    • OMG (21/05/2021, 15:27) Like (10) Dislike (12) Reply
      The ignorance is amazing.
      We have mandatory vaccinations for our kids for school, yes WE DO, us, the BVI, have you completely forgotten that?
      There are many parts of the world where you cannot travel without mandatory vaccinations.
      All this crap about "it's against my right", or this fake statement "it's against UN charter of rights"...is bulls**T
  • VG (21/05/2021, 12:21) Like (12) Dislike (5) Reply
    WE HAVE NO REPRESENTATION
  • @Concerned (21/05/2021, 12:54) Like (21) Dislike (5) Reply
    Thank you finally somebody on here with good knowledge. The vaccine is not even registered. It cannot and should not be made mandatory for persons to remained employed. The Labour code 135 does not apply to the Pandemic and therefore Employers are taking advantage of employees by enforcing them to be vaccinated for continued employment. This is violation of our human rights. Mr. Labour Minister take the scales off your eyes and wake up.
  • Serious times (21/05/2021, 13:40) Like (12) Dislike (0) Reply
    We are living in serious times and we must be very careful of how we handle this matter. Lots of people are already stressed out and putting more pressure on can cause serious emotional disorders. Can we deal with it? that's the question to ponder. The balance in the matter is crucial.
  • Match and gas (21/05/2021, 15:31) Like (9) Dislike (2) Reply
    For vaccinated business places ....dont let it comes to this it not necessary.....matches cheap
  • Well..D.#9- voter (21/05/2021, 15:40) Like (17) Dislike (5) Reply
    I know money talk and every thing else walk. Our Premier and district Rep does not care about us. If they did, they would not have negotiated with the elites in committing such tyranny.
  • Mary (21/05/2021, 17:30) Like (11) Dislike (3) Reply
    It doesn't matter what the employer wants to do. The labour code speaks nothing to pandemic or anything surrounding this so it's not supported and it Carrie's no weight. Any employee can challenge this in court. The thing that hurts is the government just sit back and allow ppl to be run over.
  • Shotta Screws (21/05/2021, 18:00) Like (14) Dislike (7) Reply
    These businesses need boycotting. Simple!!! Stand for your rights BVI
  • Ricky (22/05/2021, 11:05) Like (1) Dislike (0) Reply
    If customers are indicating that they will only deal with vaccinated employees,what is an employer to do. Employ and pay salaries with zero custoners??? That won't work at all. Business will have to fold.
  • Tan I am (22/05/2021, 12:16) Like (1) Dislike (1) Reply
    The customers are calling the shots in this instance..Vaccinated employees are what they are requesting. Irregardless to opinions, legal or otherwise, the customers have spoken and they determine whether the business will survive. A dead business wont be needing employees.
  • um (22/05/2021, 13:00) Like (8) Dislike (0) Reply
    People that vaccinated getting covid everyday so am I missing something. What is the real reason why guests don't want to be
    among unvaccinated workers. If we all can still get the virus then explain. Because if a vaccinated person can still get it, still spread it then does any of this make sense. The ONLY claim is reduced symptoms HOWEVER vaccinated people are still dying. Where they come from they are through unvaccinated persons daily. So tell me again why a vaccinated person is fearful of unvaccinated persons.
  • elegal (22/05/2021, 18:35) Like (1) Dislike (9) Reply
    With all that said . I'm not anti vaccine but all the companies have to do is make it a qualification for renewing work permits. If you're not vaccinated then I can't employ you. That still gives u the choice if or not. But then u can't force an employer to employ an unvaccinated person. So there's 2 sides to the coin tlwhat the employer wants and what you have .
  • Live lost (25/05/2021, 18:48) Like (0) Dislike (0) Reply
    Well, don't we have to help each other? Why are we fighting? Is it the vaccine? Many are very sick, unhappy, and worried about their future. And here we are fighting, come on my people. Let's reason and try to help each other.


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