2 total
Consent award issued directing grievor's placement in Health Reassignment Program and scheduling future hearing dates.
The union filed a grievance alleging the employer discriminated against the grievor by forcing her onto an approved unpaid leave of absence due to medical issues.
At the hearing, the parties requested a consent award.
The arbitrator issued the consent award, directing the grievor's placement into the employer's Health Reassignment Program, outlining steps for job search parameters, medical restrictions, and LTIP applications, and scheduling future hearing dates.
Judicial review of arbitrator's interlocutory finding of prima facie discrimination dismissed as premature.
The applicant employer sought judicial review of an arbitrator's interlocutory decision finding that the employer engaged in prima facie discrimination by denying a creed-based exemption to its COVID-19 vaccination policy.
The Divisional Court raised the issue of prematurity, as the arbitrator had bifurcated the hearing and had not yet determined whether the employer could accommodate the grievor without undue hardship.
The Court dismissed the application for judicial review as premature, finding no exceptional or extraordinary circumstances to justify departing from the general rule against fragmenting ongoing administrative proceedings.
