The advent of Covid-19 has adversely impacted the lives and livelihood of many, countries individuals as well various business operations. Due to the novel nature of the disease, medical and scientific understanding, treatment and responses are evolving contemporaneously with its spread and mutation. The presently recommended responses to contain and minimise the spread of Covd-19 include the following:

• frequent hand washing and sanitization;
• frequent sanitization and of surfaces;
• physical distancing;
• wide spread Vaccination of the population to achieve herd immunity
• testing;
• isolation and treatment of confirmed cases of Covid-19; and
• quarantine of persons who are awaiting test results who have been exposed to a primary contact that has contracted Covid-19, travelled or are suspected of contracting Covid-19.

In the public and private sector the world there has been debate as to the legality and desirability of mandatory testing and vaccination in the employment context. In the Caribbean various actors (Governments, employers, civil society, labour unions), have taken various positions on the issues of vaccination and testing. Some Governments have implemented or are in the process of implementing legislation on the issue. While other Governments have refrained from taking such steps and instead have opted to use public education, encouragement and moral suasion. Similarly, in the private sector, some employers have implemented policies for employees , contractors or visitors, which others have adopted a wait and see approach. In response to the introduction of mandates/policies around the region, there have been attempts or threats to challenge the same in Court or before Labour/ Industrial Tribunals. In light of the absence of legislation or extensive case law, the legal position on the issue is uncertain and some argue is a developing area of law in light of other protections in the law against discrimination.

Students are required to:

- Advise whether vaccination and/or testing forms part of the employer's duties. If so, analyse the basis on which such may arise.

- Alternatively, if a student(s) determine that vaccination and/or testing does not form part of the employer's duties, explain and analyse why it falls outside of the scope of the employment relationship.