Even though the Ministry of Health has said that taking the COVID-19 vaccine is not compulsory, at least one private company has made vaccination a requirement for new employees while some government agencies have more aggressive efforts to convince staff to get vaccinated.
“Management of the Giftland Group is working towards creating a COVID-19 free work environment and the best mechanism to achieve this is for all employees to be vaccinated,” a memo from the human resources department of Giftland to company staff, which was seen by Stabroek News, says.
According to the memo, dated May 3, all employees are to take the COVID-19 vaccine and submit copies of their vaccination cards to the department to be added to the employee files. “We are urging all employees to take advantage of the free vaccination exercise at the mall tomorrow (May 4th, 2021) to avoid the inconvenience of having to take it later should it become mandatory, as it is now a requirement for new recruits,” the memo further states, while noting that the company’s executives and their family have been vaccinated.
Giftland Chairman Roy Beepat told Stabroek News that he would not comment on an internal memo.
“That’s an internal company memo. Why would Stabroek News be interested in it? It’s a private in company memo from HR to staff. I’m not going to comment on this,” he said before indicating that he would be willing to grant an in-person interview on the matter at another time.
Stabroek News also contacted head of the Private Sector Commission Paul Cheong for a response to the action and was told that the Commission has not discussed the matter and, therefore, has no position at this time.
When contacted, Timothy Tucker, the head of the Georgetown Cham-ber of Commerce and Industry (GCCI) reiterated government’s position that vaccination is voluntary.
“We believe that vaccination will get us beyond the pandemic but it is an individual’s right to choose whether or not he or she would like to take the vaccine. GCCI won’t get into the personal running of businesses but at this point in time the laws of Guyana do not mandate vaccination. We believe the more people who are vaccinated the faster we can open for business but we won’t want take away the right of the worker to choose,” Tucker indicated.
Explaining that he received his second dose of the COVID-19 vaccine yesterday, Tucker, however, indicated that he could not support persons being denied employment because of a refusal to be vaccinated.
The Guyana Public Service Union (GPSU) when reached for comment noted that they had not received any complaints from members about being compelled to be vaccinated or to prove vaccination.
First Vice President Dawn Gardener explained that as far as she is aware regulations from the International Labour Organisation (ILO) grant workers medical privacy unless their medical condition affects their ability to perform their duties.
Staff at the Guyana Power and Light (GPL) had been informed via a memo dated April 27 that each department would be compiling a list of staff members who have not been vaccinated so that they can be facilitated at vaccination centres. Those reluctant to be vaccinated were directed to contact the industrial nurse for guidance and counselling.
Stabroek News, however, understands that after a significant number of staff indicated a lack of interest in the vaccine, the initiative stalled.
Over at the Department of Public Information, Minister within the Office of the Prime Minister Kwame McCoy in a memo issued yesterday to the Human Resources Officer declared it “alarming” that a number of persons within the organisation “have not found it necessary to be vaccinated”. The minister noted that government has spared no effort to invest in healthcare and provide opportunities for testing and vaccination, before adding that he has provided the opportunity for mass vaccination at DPI which should be “maximised”.
Attempts to reach Chief Labour Officer Charles Ogle for comment on the legality of the company’s action proved futile as his phone went unanswered.
‘Direct threat’
The question of impact on performance lies at the root of the vaccination debate.
As the COVID-19 pandemic persists many employers the world over are looking at ways in which to return to productivity.
The World Health Organisation (WHO) has touted vaccines as a critical new tool in the battle against COVID-19 with the potential to move the world’s population beyond the impact of the disease. Therefore, businesses are beginning to lean towards vaccination and be less tolerant of vaccine hesitancy.
In the United States employers have been advised by the Equal Employment Opportunity Commission, a federal agency, that because of the danger posed by COVID-19, unvaccinated employees pose a “direct threat” to the health and safety of others in the workplace. Thus, employers have the right to require vaccinations.
Regionally, opinions offered by attorneys who practice employment law in Jamaica conform to this sentiment.
Writing in the Jamaica Gleaner, Conrad George and Andre Sheckleford explain that an employer can lawfully dismiss an employee in Jamaica only if the dismissal is “justifiable” under the Employment (Termination and Redundancy Payments) Act. The term ‘justifiable’ though not defined in the act has been taken by the courts to mean something akin to “fair”.
They go on to posit that in cases where the presence of an unvaccinated employee could create liability for the employer, that employer may be able to mandate vaccination or fairly dismiss that employee.
They provide as an example office workers, retail shop assistants, waiters, waitresses and other hospitality workers who interact with other employees, customers, and members of the public.
In Guyana the Termination of Employment and Severance Pay Act provides for the dismissal of employees for “good and sufficient cause,” including engaging in conduct which “has a detrimental effect on the employer’s business.”
This suggest as in the US and in Jamaica it might just be legal for an employer to require that employees be vaccinated against COVID-19.
Mandatory vaccination is not a new phenomenon. In fact Guyana is one of several countries which currently require all travelers over 1 year old arriving from countries with Yellow fever to provide proof of vaccination.
According to the WHO, countries requiring yellow fever vaccination for entry do so in accordance with the International Health Regulations.
“Yellow fever is currently the only disease for which proof of vaccination may be required for travelers as a condition of entry to a State Party under Annex 7 of the International Health Regulations (IHR),” the WHO explains.
