The applicant, a pediatric surgeon, sought an interlocutory injunction to prevent his employer, the Hospital for Sick Children, from suspending him with pay during an investigation into allegations of workplace misconduct.
The court applied the three-part test for interlocutory injunctions.
It found no serious question to be tried, concluding that an employer has an implied power to suspend an employee with pay for administrative reasons related to misconduct allegations, provided the suspension is necessary, in good faith, temporary, and with pay, as per Cabiakman.
The court also found no irreparable harm that could not be compensated by damages and determined that the balance of convenience favored the Hospital, as the suspension was crucial for a fair investigation and patient care.
The application for an injunction was dismissed, and costs were awarded to the respondent.
