Facts: Martina Persian, a registered nurse, was terminated by St. Amant Inc. for not complying with the employer’s mandatory COVID-19 vaccine policy. St. Amant Inc. is a not-for-profit organization providing services for individuals with intellectual and developmental disabilities.
Issue: The issue centered on the legality of Persian's termination in light of Manitoba’s public health order (PHO) requiring designated workers, including nurses, to be fully immunized against COVID-19 or submit to rapid testing up to three times per week. The arbitration was to decide if the PHO required employers to offer a rapid test alternative to vaccination and if the arbitrator could consider certain facts about COVID-19.
Court's Ruling: The court found it lacked jurisdiction to hear the application for judicial review because the decision under review was not a final decision of an arbitrator. Additionally, the court deemed the issue moot and declined to exercise its jurisdiction.
Costs/Damages: The application was dismissed. The document does not specify the amount of costs or damages awarded, only mentioning that costs may be spoken to if not agreed upon.
