What is the test for a right of refusal?

First, in Maureen Harper v. Canadian Food Inspection Agency (supra), the Appeals officer characterized the right of refusal as being irrefutably an individual right applying solely to the employee exercising such right. In that case, the decision of mootness was largely based on the fact that the employee who had initially refused to work was no longer in the employ of the employer, meaning that since the employee was no longer exposed to the situation claimed as presenting a danger, there existed no reason to continue with the appeal hearing.