It’s the kind of authoritarian overreach we saw too much of during the COVID regime — and this time, the courts said no more.

In a first-of-its-kind court victory, the Alberta Court of Justice has ruled that WestJet wrongfully fired an 11-year employee, Duong Yee, who refused the COVID vaccine for religious reasons, even though she was working 100% remotely.

The judge didn’t mince words.

“The Defendant has not met its burden to establish just cause for the reasons noted,” wrote Justice A.P. Argento. “Dismissal for cause was not a proportionate response when the respective interests of the parties are considered and balanced as required.”

Let’s rewind.

In late 2021, Yee — a devout Christian and longtime WestJet accountant — submitted a request for a religious exemption from the company’s mandatory vaccination policy. She cited her faith in “Jesus as [her] healer” and included a letter from her pastor.

WestJet rejected the request, questioning whether her concerns were truly religious, and never followed up for clarification.

“The Defendant did not properly consider the Plaintiff’s request for a religious exemption,” the judge found. “The Defendant could have requested further information... but chose not to even though its decision would ultimately lead to termination for cause.”

And here’s the worst part: WestJet never disputed the sincerity of her religious belief — they just decided that because she also expressed safety concerns about the vaccine, her faith didn’t count.

“The Plaintiff could not hold both a religious objection and a safety concern,” wrote Justice Argento, rejecting that logic outright. “The Defendant’s evidence did not explain how or why the Plaintiff could not hold both.”

Yee was placed on unpaid leave in November 2021 and fired a month later — despite her stellar job performance and the fact that she was working exclusively from home.

Let’s say that again: she posed no risk to colleagues, no risk to passengers, and no disruption to operations. Even her own manager described her as “professional” and said she “met deadlines right up until she was placed on unpaid leave.”

The court wasn’t impressed with WestJet’s inflexible approach.

“The Plaintiff’s non-compliance did not impact her ability to continue performing her job duties effectively from home,” the judgment states. “The Defendant could have allowed her to continue working from home without compromising its legitimate safety concerns.”

And as for the federal vaccine mandate WestJet tried to blame? The judge was clear: those rules only applied to employees working at airports — not to remote staff like Yee.

“The Regulations would not have applied to the Plaintiff while she continued to work from home,” he wrote.

WestJet’s refusal to consider alternatives — like extending remote work or allowing a leave — was a failure of both common sense and decency.

“Termination was not the only option available,” wrote the judge. “This was not a situation where the Plaintiff could theoretically work from home… She was already working from home and there was no legal impediment preventing that from continuing.”

The court awarded Yee 11 months of pay — over $65,000 — and rejected WestJet’s attempt to limit her severance using contractual fine print.

Her lawyer, Jody Wells of Kitchen Wells LLP, told Rebel News that the case is a watershed moment.

“The Court recognized that as a woman of devout Christian faith, Mrs. Yee was entitled to accommodation of her protected characteristic—religious belief,” said Wells. “Critically, the Court did not stop there. It decided also that termination... was not a proportionate response.”

This ruling is more than just a personal vindication for Duong Yee. It’s a wake-up call to employers across Canada: you don’t get to hide behind pandemic policy to trample on rights — especially when those rights are constitutionally and legally protected.

And for every Canadian who lost their job, their dignity, or their savings over the last three years because of unscientific and discriminatory mandates, this is one small step toward justice.

Read the documents:

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