NCDC workers discontinue case

By CLARISSA MOI
A case filed by employees of the National Capital District Commission (NCDC) challenging the legality of the ‘no-jab-no-job’ policy imposed by City Hall has been discontinued by the National Court.
Deputy Chief Justice Ambeng Kandakasi made the ruling at Waigani yesterday when lawyer representing the NCDC Workers Union George Kaore told the court that the situation had since been relaxed and there were no more issues.
On Oct 12, last year, an inter-office memorandum titled “No jab, no job – vaccinate by Oct 28, 2021” was signed by city manager Bernard Kipit.
This is regarding the Coronavirus (Covid-19) vaccination in which the NCDC management required all employees to be vaccinated by Nov 1, or be taken off the payroll.
Aggrieved by this notice, the NCDC Workers Union then took the matter to court.
Kipit, NCD Governor Powes Parkop and the NCDC were named as defendants.
When the matter came to court in November, Kaore said the NCDC employees asked 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 argued against Covid-19 vaccination being mandatory in the workplace.
Yesterday when the matter returned to court, Kandakasi asked Kaore if there were any issue for this matter to proceed to trial.
Kaore responded that there were no more issues except that his clients’ rights was still a concern.
“If there is no issue then withdraw the matter,” Kandakasi advised.
Lawyer representing the defendants Celestine Malala said that the NCDC Workers Union had not taken steps to reach a settlement, as ordered by the court on May 5.
She said one of the orders was that if the plaintiff in the proceeding failed to meaningfully participate in the settlement negotiations.