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.
