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Appeal of order striking premature judicial review of vaccination policy dismissed.
The applicants, federal public servants, sought judicial review of a mandatory COVID-19 vaccination policy before exhausting the statutory grievance process.
The respondent moved to strike the application as premature, which an Associate Judge granted.
One applicant appealed that order, alleging bias, procedural unfairness in refusing new evidence, and legal errors regarding the availability and adequacy of the grievance process.
The Federal Court dismissed the appeal, holding that the applicant failed to demonstrate bias or any palpable and overriding error by the Associate Judge.
The Court found the additional evidence inadmissible and reaffirmed that Parliament intended for such employment disputes to be addressed first through the grievance procedure, absent exceptional circumstances.
