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Davis: Govt cannot interfere in private contracts

PLP leader Philip Davis.

PLP leader Philip Davis.

By EARYEL BOWLEG

Tribune Staff Reporter

ebowleg@tribunemedia.net

IN view of some local businesses mandating a COVID-19 vaccination policy for workers, Progressive Liberal Party leader Philip Davis stated the government cannot intervene in private contracts between ordinary citizens and employers.

However, he suggested this refers to conditions of employment that workers have agreed to when accepting employment, once they are in line with the law, and said variations of employment contract once a worker is already on the job creates another issue, as changes will need to be agreed to by both parties.

Government officials have repeatedly said that the vaccine is not mandatory, while strongly urging people to take the vaccine.

However a few businesses, including the owners the Old Fort Bay restaurant Sushi Rokkan, are pushing mandatory inoculations for staff. The restaurant noted employees must be vaccinated by June 30 or they may face reassignment or termination unless there is a valid medical reason to opt out of the shot.

Speaking to reporters at the House of Assembly yesterday, Mr Davis explained there are laws that govern certain aspects of employment, but conditions of employment are set and agreed to between the employer and the employee.

“It is for the employer to say that these conditions that I will employ you,” he said yesterday.

“Employment is (a) contractual relationship between two parties and you can fix the condition on which you can employ people, that’s a right an employer (has) and if you want to work then you’ll have to decide whether you would comply with those conditions. Now the only issue now is if you have been working. This will then — if they’re now requiring you to take a vaccine to continue working — that’s another issue because then that will be varying their contracts of employment and that requires both of them to agree.”

Director of Labour John Pinder has said it is not legal to mandate people get vaccinated for COVID-19 as a condition of continued employment.

When asked what he would tell workers, Mr Davis said: “I tell workers get the vaccine. To me, the risk of not taking the vaccine to you as a worker or otherwise is greater than not taking it. Contracting the virus to me, that risk is worst than if you don’t take the vaccine.

“So, yes, it may sound cruel, it may sound this way. For example, you have children – can they go to school without a vaccine?”

The discussion on mandatory vaccinations comes at a time when the country is experiencing a third wave. The Cat Island, Rum Cay and San Salvador MP said the government is “just reacting to this present surge” when in fact Mr Davis claimed his COVID task force pointed out to officials in January that another surge was likely and warned about emerging variants being reported around the world.

While in Parliament, Mr Davis also accused the government of refusing an offer from a Bahamian company to bring in vaccines as early as January.

In response, Minister of Health Renward Wells told the House of Assembly that the government had to be discerning about accepting such offers.

“We have to be very concerned with expiration dates, we have to be concerned with the source, the Bahamas government has to make sure that what is being offered and what we agree to allow in the country is not going to adversely affect the Bahamian people,” Mr Wells said.

Comments

professionalbahamian 3 years ago

Pushing for persons to get vaccinated is one thing but forcing them to do so is completely wrong - everyone knows this.
Same goes for providing more freedoms or less restrictions to those who agree to get vaccinated! Some persons have medical histories that do not make the risks associated with vaccinations tolerable etc. Make the damn PCR tests required for travel free if you aren't being unreasonable!

Get serious and govern with respect, STOP dictating.

Any private sector legal minds reading the news...?????!!!

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carltonr61 3 years ago

https://www.rt.com/news/521848-vaccin...">https://www.rt.com/news/521848-vaccin...

They, our blk elites have shares in the Vax companies. That is why they are pushing this wild madness.

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FreeUs242 3 years ago

They lied about everything to the public on vaccines not being mandatory for workers. Private companies operating here should obey the rules of vaccines being a choice of free will. That's how much freedom international businesses have over a Bahamian owned companies. Nothing is going to be done with employees facing discharge for denying to obey the requirements to keep their jobs. Government give them that much power to mistreat the Bahamians.

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FreeUs242 3 years ago

The Americans are well protected and have certain laws for international companies hiring their people to obey the american way. If their Gov doesn't require it, then it is a choice for all Americans. No American gets paid under their minimum wage working for foreigners. Bahamas is totally different, the foreigners have all say over Bahamian Government.

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John 3 years ago

When asked what he would tell workers, Mr Davis said: “I tell

workers get the vaccine. To me, the risk of not taking the vaccine to you as a worker or otherwise is greater than not taking it. Contracting the virus to me, that risk is worst than if you don’t take the vaccine.

The point Davis seems to be missing is that any and all employment contracts must be made within the laws of The Bahamas. And if Covid vaccines are not mandatory in The Bahamas, they cannot be mandatory in any employment contract in this country. Of course there will be strong arm tactics used, manipulation and victimization. And the prime minister Or Davis made it no easier: Davis telling workers to get the vaccine and save their jabs. (That should be jobs). And the prime minister recent announcement that one can travel through The Bahamas without taking Covid tests once they have been fully vaccinated. They both are overlooking the facts that, in their current presentations, the vaccines are only SUPPRESSANTS and NONE of them PREVENTS or CURES COVID 19.

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JokeyJack 3 years ago

So clearly Mr Davis is not going to stand up for us either. As always, Bahamians are left out on the street like dogs with nary a bone.

Where is the "well known" QC? Let the govt say they sending a medical team to the Farm Shanty Town to forcefully vaccinate the Haitians there, and his hip will suddenly appear like an SR71 dropping below the sound barrier.

Also, Tribune, why always the phrase "a few businesses"??? Only Sushi Rokkan has a name? Please name these businesses, or are you yourselves one of them? Why the secrecy ?

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carltonr61 3 years ago

Vaccines will determine our next general election. Davis is sitting hard in FNM camp as regards blk millionaire elitest attitudes toward workers. DNA please. Together both blk elitist are responsible for Bahamas owing 10 billion dollars or each Bahamian owning a 25,000 bill that has to be paid back.

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newcitizen 3 years ago

The Tribune comment section used to be fun, birdie and tal spouting off on their rants, actual informed comments. Now it's just a bunch of covidiots who won't stop posting the same facebook junk over and over again.

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carltonr61 3 years ago

Cannot take the heat. You know what to do.

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FreeUs242 3 years ago

Everything changes.🙂

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carltonr61 3 years ago

Workers remember Burma Road and read of the lynching of Slave Worker Mr Pompey. Workers are again being asked to bend by both PLP and FNM blk elite millionaire politicians who now say workers must bend to slave owners. We have gone so far ahead to fall back on workers dignity.

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carltonr61 3 years ago

Global medical tyranny. Herd ignorant compliance. Herd rebellion against taking a vaccine with no liability should you almost find the grave. But slaves must suffer and starve by this compassionate gov and opposition. This is dictatorship and Fascism when both Labour laws with the Bahamian constitution have been seconded to medical profiteers.

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tribanon 3 years ago

Most of our country's registered voters are hopefully now aware of the very significant role that independent candidates played in the outcome of the national general election held in the Cayman Islands on April 14th. The independent candidates won 12 of the 19 seats. Caymanians finally woke up to the fact that their two-party system had become nothing more than a choice of two evils. That's the case we have with the FNM party and PLP party, but handsdown Minnis is by far the most incompetent, arrogant and nasty PM our small nation has ever had. And God willing, we will never ever have another PM like him again.

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carltonr61 3 years ago

Above. Norway risk of AZ death higher than Covid.

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Socrates 3 years ago

I agree with Davis on this.. Employers must have the right to determine the conditions for anyone who works at their establishment. this denies nobody their rights.. the employees choice is exercised when they decide if business 'X' is where they want to work. You have no right to be employed anywhere, you just decide if the place fits your values or if their rules gel with what you are prepared to accept.

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