Employees of the National Capital District Commission (NCDC) have challenged the legality of the “no jab, no job” policy imposed by NCDC on Port Moresby with a lawsuit.

Lawyer George Kaore, representing the NCDC Workers Association, appeared before Deputy Chief Justice Ambeng Kandakasi to seek certain interim orders at the National Court in Waigani.

City manager Bernard Kipit, Governor Powes Parkop and NCDC were named as defendants in the case.

Kaore said the NCDC employees filed the case for the court to enforce the rights of the workers pursuant to section 41 of the Constitution (Prescribed Acts) and section 48 of the Constitution (Freedom of Employment).

He said the covid-19 vaccination should not be mandatory in the workplace.

However, Justice Kandakasi advised Kaore to provide to the court a list of NCDC workers who were vaccinated and those who were not vaccinated.

Justice Kandakasi also told Kaore to provide a list of the non-vaccinated NCDC staff who had taken a covid-19 test.

‘Basic information’ not provided
Justice Kandakasi said such basic information was not provided by the plaintiffs to the court.

After considering submissions from the parties, he ordered the National Executive Council (NEC), Health Minister Jelta Wong, and the National Pandemic Response Controller David Manning to be added as defendants to the case.

The court ordered the government through NEC, Wong and Manning to provide a copy of the National Covid-19 Pandemic Response plan, the strategic implementation plan and all relevant details about the covid-19 awareness, contact tracing and isolation.

Justice Kandakasi said the case by the NCDC Workers Association would be heard together with the case filed by the Human Rights Advocacy International.

The Human Rights Advocacy International filed the case in the National Court claiming that the “no jab, no job” policy implemented by some government agencies, private companies and public statutory institutions was unconstitutional.

The case has been adjourned to November 16.

Charles Moi is a reporter for The National newspaper. Republished with permission.

Article by AsiaPacificReport.nz

Papua New Guinean chief executives believe the country’s entire workforce needs to be vaccinated against covid-19 to be fully productive, says Business Council of PNG executive director Douveri Henao.

Although there seems to be a large number of vaccine hesitant people, Henao said that sooner or later it would be mandatory for companies or businesses that have more human contact, reports the PNG Post-Courier.

However, Lae Mayor James Khay said business houses in the country’s second-largest city must not force their employees to be vaccinated as this was against their constitutional rights of freedom of choice.

Khay said company managers, supervisers, human resource or anybody in management had no right to force their employees to get vaccinated as this was optional, not compulsory.

He said companies imposing strict “no jab, no job” policies as a preventive measure against covid-19 must remember that they would be depriving the rights of their employees to decide. This was totally wrong.

The controversy arose after 500 employees of Mainland Holdings Limited (MHL) walked off their jobs in Lae in protest over the their management’s vaccine policy.

Mainland Holdings Limited (MHL) management, in an unsigned circular, has advised staff members who have been vaccinated to come back to work.

Workers’ petition
In the company’s response to a five-point petition presented by staff to the company directors, the company advised:

• The company’s vaccination policy will not change; and
• The company will follow “Niupela Pasin” protocols

MHL has agreed to pay wages and salaries, long service leave entitlements, rental fees and other entitlements.

All payments will be paid into bank accounts in compliance with company policies

The CEO refused to resign for keeping employees, families and the business safe.

Meanwhile, a major political party in the coalition government has weighed in on the “no jab, no job” controversy, saying it would support the people in a fight against companies demanding that their employees get vaccinated or lose their jobs.

The United Labour Party’s acting secretary Ruben Giusu, speaking from Lae, told the Post-Courier citizens had the constitutional right to choose whether or not get the covid-19 vaccine.

He said the party had met with unions in Madang and in discussion with the unions in Morobe Province about this and other issues affecting workers around the country.

“We have also received a petition from the Morobe Union and will be presenting that to the Prime Minister’s office,” he said.

Article by AsiaPacificReport.nz