30 Jan 2024

St. Amant Nurses Local 95 v. St. Amant Inc.

Firms involved

Myers LLP, D'Arcy & Deacon LLP

Applicant

The St. Amant Nurses Local 95 of the Manitoba Nurses Union
Law Firm
Myers LLP
Lawyer(s)

Shannon Carson

Kristen Worbanski

Respondent

St. Amant Inc.
Law Firm
D'Arcy & Deacon LLP
Lawyer(s)

Sherry D. Brown

  • 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.

Court

Court of King's Bench Manitoba

Case Number

CI 22-01-38513

Practice Area

Labour & Employment Law

Amount

Winner

Respondent

Trial Start Date

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