WestJet ruling shows courts expect careful, individualized assessments of religious accommodation requests: legal expert
A recent decision from the Alberta Court of Justice is sending a clear signal to Canadian employers: when dealing with religious accommodation requests, particularly in the context of mandatory workplace policies, blanket decisions and one-size-fits-all approaches can lead to legal liability.
In Yee v. WestJet, 2025 ABCJ 87, the court found that WestJet wrongfully terminated an accountant who was fired for failing to comply with the airline's COVID-19 vaccination policy after being denied a religious exemption.
The court ruled the company’s denial of her request was not reasonably handled, and her dismissal was disproportionate given her circumstances, including the fact that she was working from home.
Employment lawyer Dylan Snowdon of Carbert Waite LLP in Calgary says the case should be a reminder that in any wrongful dismissal claim, context is everything.
“You can’t make a blanket statement that any particular situation is going to be just cause, because it might not be,” he says.
“It depends on the circumstances, and so an employee breaching policies, an employee refusing to adhere to policies, is that cause? It depends. We always have to go in and have that analysis.”
Individualized assessment is a legal requirement
The court found that WestJet failed to conduct a sufficient review of the employee’s exemption request, focusing too heavily on her...
Read Full Story:
https://news.google.com/rss/articles/CBMi7gFBVV95cUxQOWxsSEVmTzFSOWphTzgxTGoz...