In a recent article, the Alberta Court of Justice ruled that WestJet wrongfully dismissed an employee who refused to comply with the company’s COVID-19 vaccine policy after her request for religious accommodation was denied. The decision in Yee v. WestJet underscores the importance of properly assessing religious accommodation requests and ensuring terminations—especially for remote employees—are fair, proportionate, and legally sound.
Background: Religious Beliefs and Remote Work
D.Y., a long-serving accountant, worked for WestJet for over 11 years. After returning from maternity leave in May 2021, she resumed her role remotely under WestJet’s Mobile Workforce Policy. When the company implemented its COVID-19 vaccine policy, D.Y. submitted a formal accommodation request citing her sincerely held Christian beliefs and included a letter of support from her pastor.
Despite this, WestJet denied the request, arguing her concerns were personal, not religious, and placed her on unpaid leave before ultimately terminating her for cause.
The Court’s Findings
The court sided with the employee, awarding D.Y. 11 months’ notice, totalling $65,587.72 in damages. It found:
- Her religious beliefs were sincere, and WestJet failed to properly assess or investigate her accommodation request.
- Her termination lacked proportionality, particularly because she was working from home and posed no health risk to others.
- The termination clause in her contract did not apply, since WestJet failed to pay the statutory minimums, which were a condition of relying on the clause.
- No moral damages were awarded, as the dismissal wasn’t conducted in an egregious manner, though it was still legally unjustified.
Employment Lawyer Insights
This case raises several important considerations:
Accommodation Must Be Taken Seriously
Employers are obligated under human rights legislation to explore religious accommodation requests in good faith. A genuine belief doesn’t have to align with mainstream doctrine—and holding multiple objections (religious and personal) doesn’t invalidate the religious one.
Remote Work Matters
D.Y. was working remotely, meaning WestJet’s justifications tied to health and safety risks didn’t hold. Terminating a productive, remote employee for non-compliance with a policy designed for on-site workers was found to be excessive.
“Just Cause” Is a High Bar
Even if an employer disagrees with an employee’s actions, termination for cause requires serious misconduct. In this case, the court found that D.Y.’s conduct did not rise to that level.
Termination Clauses Must Be Enforced Properly
If an employer doesn’t follow the basic requirements outlined in a contract—like paying statutory minimums—they can lose the protection of a termination clause entirely.
Final Thoughts from Kent Employment Law
This case reinforces a central truth in employment law: process and proportionality matter. Whether you’re an employer developing policies or an employee unsure about your rights, legal advice can help you navigate these complex issues.
Have questions about wrongful dismissal, religious accommodation, or remote work policies? The team at Kent Employment Law is here to help, contact us today.
