Kota Kinabalu: A former racing director of the Tambalang Race Course, Tuaran has filed a leave for judicial review against his employer Royal Sabah Turf Club’s (RSTC) decision to terminate his service for alleged failure to comply with the Covid-19 SOP requirements last year.
The applicant, John Gorton (pic), who has been engaged for the post by RSTC since 2014, named RSTC as the sole respondent in the ex-parte application for leave for judicial review filed at the High Court registry via e-filing on Wednesday.
In his statement of claim, the 75-year-old Australian expatriate claimed that on Dec 14, 2021 his employment with the RSTC had been unlawfully terminated on the grounds that he refused to take the Covid-19 vaccine.
“I wish to categorically state that I have never refused to take the vaccine. I will take the vaccine only even if it is absolutely safe for me and for this I require proper and complete professional medical advice to make a fully informed decision in this regard,” said Gorton.
The applicant claimed that on Oct 31, 2021 he wrote to the respondent on vaccine issue following a meeting on Oct 22, the same year where he asked for the legal basis of requiring him to get a medical intervention (Covid-19 vaccination) in order to continue working for the RSTC.
The applicant also presented copies of the multiple letters exchanged between him and RSTC that led to the show cause letter asking him to explain why RSTC cannot terminate his service within seven days on Nov 26, 2021 and letter of service termination on Dec 14, 2021.
He had argued on the benefits of getting vaccinated and he claimed that studies had shown the vaccine would put his health at risk.
He claimed that since the world was hit by the pandemic of Covid-19, he has always been concerned about the risk related to vaccines because they have not been adequately studied in trials or properly disclosed to health care professionals or vaccine subjects.
Gorton is seeking an order of certiorari to quash the decision of the respondent to terminate his employment with the RSTC by their letter dated Dec 14, 2021.
He is also seeking an order of prohibition to the respondent whether by themselves or by their servants or agents from preventing prohibiting obstructing denying interfering with his employment with the club.
Gorton also seeks a declaration that the letter of termination of the respondent dated Dec 14, 2021 is unconstitutional, unlawful, null and void.
He also seeks for damages, costs and any other relief deem fit and necessary in the circumstances.
The application filed by the applicant’s counsel Marcel Jude has been set for e-review on Feb 16.
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