Background:

• Employment and Roles:
  • Dr. West was the Head of Nephrology at Queen Elizabeth II Hospital (QEII) until November 2021, when Dr. Finkle replaced him as Interim Division Head.
• Complaints and Investigation:
  • Both doctors faced complaints under NSHA’s "Respectful Workplace Policy" (Policy AD-HR-020), alleging harassment and unprofessional behavior.
  • An independent investigator concluded that some actions of both doctors amounted to harassment under this policy.
• NSHA’s Disciplinary Decision:
  • Following the investigation, NSHA required both doctors to complete mandatory courses on workplace respect, leadership, and team interactions, with warnings that failure to comply could lead to further disciplinary actions, potentially affecting their medical privileges.

Legal Proceedings:

• Judicial Review Requests:
  • Both doctors requested judicial review of NSHA's decisions, questioning the court's jurisdiction and the nature of the disciplinary actions.
  • The review process is set for May 2024.

Preliminary Motion:

• NSHA’s Motion:
  • NSHA sought to strike the judicial review notices, arguing that the court lacked jurisdiction.
• Court’s Decision:
  • The motion to strike was dismissed, affirming that the court has jurisdiction to review the decisions. No monetary award specified.

Key Issues:

• Jurisdiction:
  • The court confirmed its jurisdiction to review decisions, especially where they affect professional privileges and involve public law.
• Nature of Decisions:
  • The court viewed the actions required by NSHA as disciplinary, significantly impacting the doctors' professional lives and reputations.

This case illustrates the complex intersection between workplace policies in public health institutions and legal oversight by the courts.