Ever since vaccine mandates reared their ugly heads in 2021, countless unvaccinated individuals have lost their jobs for remaining steadfast in their wise decision. It has now been proven, beyond doubt, that Covid vaccines do not prevent transmission and therefore any and all discrimination against the unvaccinated was medically baseless.

Two weeks ago, we heard a Pfizer executive admit to the European Parliament that the company’s vaccine was not tested to determine whether or not it prevented transmission before being made available to the public.

The repercussions of this revelation are beginning to manifest in ways that only further vindicate the unvaccinated.

In a landmark decision handed down by the New York Supreme Court, a judge has ordered that those who lost their jobs as a result of failing to take the vaccine must be immediately reinstated with backpay for the time they were not permitted to work.

The ruling pertained specifically to 16 sanitation workers in the City of New York who petitioned the court after they were sacked for choosing not to get vaccinated. At the time, New York Health Commissioner Dave Chokshi demanded that all city employees show proof of at least one dose of the vaccine within nine days or otherwise be terminated from their positions.

Justice Ralph J. Porzio of the New York Supreme Court labelled the mandate ‘arbitrary and capricious’. He noted that while the health commissioner was within his rights to issue public health mandates, the official cannot ‘enact a term of employment on City employees and has exceeded his scope of authority based upon the separation of powers’. In other words, it is not the place of the health commissioner to hire or fire City employees, and all must be treated equally.

Furthermore, Porzio states:

‘States of emergency are meant to be temporary. The question presented is whether the Health Commissioner has the authority to enact a permanent condition of employment during a state of emergency. This Court finds that the Commissioner does not have that authority and has acted beyond the scope of his authority under the Public Health Law and in violation of separation of powers.’

This highlights that an incredulous injustice was done to employees who were terminated for making what most definitely should have been a personal health decision, and that those in power acted arbitrarily and were clearly on power trips. This is not unique to New York. It has occurred on a global scale.

In his ruling, Justice Porzio also noted how the health Commissioner’s Order ‘violated the Petitioners’ equal protection rights as the mandate is arbitrary and capricious’, writing:

‘The City employees were treated entirely differently from private sector employees, and both City and private sector employees were treated entirely differently from athletes, artists and performers. All unvaccinated people living or working in the City of New York are similarly situated. Granting exemptions for certain classes and selectively lifting of vaccination orders, while maintaining others, is simply the definition of disparate treatment.’

Justice Porzio has rightly pointed out that different individuals have been treated differently depending on their jobs and status within society, and that this is completely unfair and unjust.

We have seen this occur globally, including here in Australia. Certain people, be they sportspeople, celebrities, politicians or the like have often been treated far better by those making the rules, while others have been afforded no such special treatment.

The Justice’s conclusion, however, rings most profound:

‘It is clear that the Health Commissioner has the authority to issue public health mandates. No one is refuting that authority. However, the Health Commissioner cannot create a new condition of employment for City employees. The Health Commissioner cannot prohibit an employee from reporting to work. The Health Commissioner cannot terminate employees. The Mayor cannot exempt certain employees from these orders. Executive Order No. 62 renders all of these vaccine mandates arbitrary and capricious.

‘Being vaccinated does not prevent an individual from contracting or transmitting Covid. As of the day of this Decision, CDC guidelines regarding quarantine and isolation are the same for vaccinated and unvaccinated individuals. The Petitioners should not have been terminated for choosing not to protect themselves. We have learned through the course of the pandemic that the vaccine against Covid is not absolute. Breakthrough cases occur, even for those who have been vaccinated and boosted. President Joseph Biden has said that the pandemic is over. The State of New York ended the Covid state of emergency over a month ago. 

‘As this court stated in its decision in the Rivicci matter, this is not a commentary on the efficacy of vaccination, but about how we are treating our first responders, the ones who worked day-to-day through the height of the pandemic. They worked without protective gear. They were infected with Covid, creating natural immunity. They continued working full duty while their exemption requests were pending. They were terminated and are willing to come back to work for the City that cast them aside.

‘The vaccination mandate for City employees was not just about safety and public health; it was about compliance. If it was about safety and public health, unvaccinated workers would have been placed on leave the moment the order was issued. If it was about safety and public health, the Health Commissioner would have issued city-wide mandates for vaccination for all residents. In a City with a nearly 80% vaccination rate, we shouldn’t be penalizing the people who showed up to work, at great risk to themselves and their families, while we were locked down.

‘If it was about safety and public health, no one would be exempt. It is time for the City of New York to do what is right and what is just.’

It is a remarkable judgment, especially when you consider it is coming from New York, no less, one of the cities that has been the most insane when it comes to mandates and arbitrary restrictions on people’s lives. It clearly argues that what those in power did was wrong, and that those who were affected by the disgraceful and downright discriminatory decisions they made should be granted justice for this immeasurable wrongdoing.

The City of New York has already noted they are appealing Justice Porzio’s decision, refusing to acknowledge that what they did was fallacious. This seems to be the pattern occurring throughout the world for those who used Covid as a means of consolidating political power. There are numerous politicians in New South Wales and Victoria who have already jumped ship, announcing that they will not be contesting the upcoming state elections. Two of the most notable are the NSW and Victorian Health Ministers Martin Foley and Brad Hazzard – individuals whose health orders are largely responsible for destruction of countless businesses, livelihoods, jobs, and lives.

There will be many officials who do not want to be held accountable for their actions, but they must be. If a New York Supreme Court Justice can do it, then courts in Australia and around the world should be able to do so as well.

Labor’s Budget papers show an estimation of $77 million earmarked for vaccine injury payouts in 2022-23, which would be great if it was coming out of the pockets of the politicians themselves instead of taxpayers. Money won’t be enough. The individuals who abused their positions of power must be held personally accountable for the outcomes of those abuses.

Further, there are plenty of unvaccinated Australians who I am sure would like their jobs back with backpay. It is no secret that there are shortages in key industries, most notably education and health. This could all be solved if those good and decent workers who were sacked were immediately reinstated if they so wish (there is a chance they may not want to work for the people who actively discriminated against them).

This verdict is a step in the right direction, but justice will not be truly done until all those who committed grave injustices against countless individuals are held to account.

Joel Agius is an independent writer. If you would like to read more of his work, you can do so at JJ’s Outlook or keep up to date with his musings on Twitter.