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ARTICLE · 20 MARCH 2026

Another Decision Upholding A Covid Vaccine Policy Has Landed – This Time It's WestJet

In Henrikson v. WestJet, 2026 FCA 39, the Federal Court of Appeal of Canada ("FCA") dismissed a judicial review application challenging a decision of the Canada Industrial Relations Board...

CanadaEmployment and HR

In Henrikson v. WestJet, 2026 FCA 39, the Federal Court of Appeal of Canada ("FCA") dismissed a judicial review application challenging a decision of the Canada Industrial Relations Board ("CIRB") that upheld an employee's dismissal for failing to comply with a mandatory COVID-19 vaccination policy.

Background

The Applicant, a former aircraft maintenance engineer employed by WestJet, was dismissed after refusing to comply with the airline's mandatory COVID-19 vaccination policy.

WestJet argued that the policy was implemented in response to:

  • Federal public health measures applicable to the aviation sector, which required employees working in certain aviation environments to be fully vaccinated before attending aerodrome properties; and

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