The National Organized Workers Union appealed the denial of an interlocutory injunction to prevent Sinai Health System from enforcing a mandatory COVID-19 vaccination policy.
The union argued that the policy compelled vaccination without informed consent, constituting irreparable harm not remediable by arbitration.
The Court of Appeal upheld the application judge's decision, finding no error in declining to exercise the Superior Court's residual jurisdiction in labour relations.
The court affirmed that the potential harm of unpaid leave or termination due to non-compliance with a workplace policy is fundamentally related to employment and is remediable by a labour arbitrator through reinstatement and compensation for lost wages, thus not creating a 'remedial gap' that would warrant Superior Court intervention.
