Minister of Health and the Environment and others (Respondents) v Shanile Howe and others (Appellants) (Saint Vincent and the Grenadines)

Case summary

Case ID

JCPC/2026/0041

Jurisdiction

St Vincent and the Grenadines

Parties

Appellant(s)

Shaniel Howe, Novita Roberts, Cavet Thomas, Alfonzo Lyttle, Brenton Smith, Sylvorne Olliver, Shefflorn Ballaytyne, Travis Cumberbatch, Rohan Giles

Respondent(s)

(1) Minister of Health and the Environment (2) The Public Service Commission (3) Commissioner of Police (4) Attorney General (5) Police Service Commission

Issue

1) Were rules 8(1) and 8(2) of the Public Health (Public Bodies Special Measures) Rules 2021 (“the Special Measures”) unconstitutional and/or unlawful? 2) Was there a breach of natural justice when termination letters were issued to public employees without first giving them an opportunity to be heard? 3) Were the Public Service Commission, the Commissioner of Police and the Police Service Commission unlawfully subject to the direction of the Minister of Health and the Environment (“the Minister of Health”) when issuing the termination letters? 4) Was the COVID-19 (Miscellaneous Amendments) Act 2020 (“the Amendments Act”) unconstitutional for contravening the separation of powers doctrine?

Facts

This is a case about the dismissal of public sector employees in Saint Vincent and the Grenadines who elected not to get vaccinated during the COVID-19 pandemic. On 19 October 2021, the Minister of Health promulgated the Special Measures. Rule 5 required frontline workers to be vaccinated against COVID-19, unless exempt under rule 7 on medical or religious grounds. The first part of rule 8(1) forbade from entering the workplace employees who, without reasonable excuse, failed to comply with rule 5. The second part of rule 8(1) provided that those employees were to be treated as being absent without leave. Under rule 8(2), regulation 31 of the Public Service Commission Regulations 1969 (“regulation 31”) applied to employees absent without leave under rule 8(1). Regulation 31 provides that officers absent from duty without leave for a continuous period of 10 working days shall be deemed to have resigned from office, unless declared otherwise by the Public Service Commission. Section 73A of the Police Act, inserted in November 2021 using powers under the Amendments Act, applies rule 8 to police officers, and makes provision mirroring regulation 31 in respect of police officers. The Appellants were public employees in various capacities, including as teachers and police officers. They did not get vaccinated against COVID-19. In December 2021, all bar one of the Appellants received a termination letter stating that they had, without reasonable excuse, failed to comply with rule 5. Pursuant to rule 8, they had been absent from duty without leave during this period of non-compliance. Deemed resignation pursuant to regulation 31 (or for police officers, section 73A of the Police Act) took effect after 10 working days. The Appellants’ challenge succeeded in the High Court. The Respondents’ appeal to the Court of Appeal was successful (2:1 majority; Wallbank JA dissenting). The Appellants now appeal to the Privy Council.

Date of issue

27 May 2026

Case origin

Appeal As of Right

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