By Sue-Ann Wayow
NO company has the authority to force employees to be vaccinated against their will.
And threatening their employment is a breach of their most basic human right to protect their own body.
This was the statement made by leader of the Citizens Union of T&T Phillip Alexander in a social media post on Friday.
Alexander posted copies of a letter from the Desalination Company of Trinidad and Tobago Limited (DESALCOTT) to employees.
The letter stated that there was a vaccination drive for employees and upon being vaccinated, all persons listed must present his or her immunization card at the security checkpoint.
The letter written by Sharda Ghany as directed by the Executive Chairman stated, “Entry into the plant will be restricted if the above requirement is not met.”
Alexander stated, “The Citizens Union calls on DESALCOTT to cease and desist this policy of force and threats, and to engage employees with dialogue and advice instead, respecting everyone’s right to make their own decision.”
AZPNews.com attempted to contact DESALCOTT at its Point Lisas office on Friday and was told that most persons were at the vaccination site including the General Manager John Thompson.
Vaccination arrangements made
Minister of Public Utilities Marvin Gonzales told AZPNews.com that arrangements were made for the frontline workers of DESALCOTT and Seven Seas Water desalination plant in Point Fortin to be vaccinated and the number of those listed frontline workers was not large.
He added that he was not aware of any such correspondence between DESALCOTT’s management and employees and that DESCALCOTT was a privately operated entity and he was not involved in any internal arrangement.
Ministry of Health officials and Health Minister Terrence Deyalsingh has continually emphasised that vaccination although highly recommended for all who qualify was still purely voluntary.
Effective workplace policy needed
Member of Parliament for Couva South Rudranath Indarsingh told AZPNews.com that the Opposition has always been in support of vaccinations of all persons, however, government created fear and apprehension by a lack of effective communication.
He said, “We do not have an effective workplace policy being rolled out. The Minister of Labour should have been at the forefront of this.”
The former minister in the ministry of labour said he was aware of the information being shared on social media and if true, it raises the concern that workers were being intimidated in order to accept the vaccine.
Indarsingh said all workers should also have the right to make enquiries with their doctors to be advised about the vaccine especially those with comorbidities.
“A person must have the constitutional right to choose whether or not they are going to accept the vaccine. No employer has that right,” he said.
Workers entitled to privacy, employers have a right to maintain safe working environments
And attorney Imran Ali told AZPNews.com that workers were entitled to privacy and autonomy and employers have to respect those rights.
Referring to the letter he said, “The memo also seems to concern the employer’s right to unilaterally vary terms of employment, where it may be seen to require workers to take a vaccine in order to continue to be employed. If that is so, the terms of employment cannot be varied without mutual consent so the workers will have to consent.”
He added, “This shouldn’t be a problem for workers willing to take the vaccine. But for those who refuse, they may be entitled to do so and at the same time the employer would not be entitled to dismiss them. It’s not quite clear from the memo what the consequence of refusing to take the vaccine is, but it’s safe to say that the employer runs the risk of committing a harsh and oppressive dismissal if it does so act.”
Ali stated that the employer also had a right to maintain a safe working environment and must take reasonable steps to do so, but in doing so it must balance the personal rights of the employees.
He said, “Consultation and mutual agreement is the only legal way to resolve this issue, and I do note that the employees are invited to consult with the HR department of the company. Perhaps the employees can gain greater clarity if they do so.”
The official representatives of these dictatorial companies are forcing people to accept an intervention which is permitted only for emergency use yet not official approved and for which there is no independent scientific support. They should be made to provide clear evidence of the benefits of vaccination for Covid-19 and be held liable to employees and their families for adverse consequences to any and ALL of their employees who suffer adverse irreversible consequences of vaccination.