The applicant hospital sought judicial review of an arbitration award that reinstated two employees terminated for failing to comply with a mandatory COVID-19 vaccination policy.
The arbitrator had ruled that an employer can never discipline an employee for refusing to consent to medical treatment.
The Divisional Court found this conclusion unreasonable, as it failed to balance the hospital's duty to protect patients against the employees' privacy interests in the context of a pandemic.
However, the court upheld the arbitrator's ultimate decision to reinstate the employees, noting that terminating them after only two weeks of unpaid leave was premature.
The application for judicial review was dismissed.
