WESTJET ANTI HARASSMENT PROMISE CLASS ACTION
The Notice of Certification with information about the proceeding is here.
A copy of the Amended Notice of Civil Claim is available here and the Certification Order is here.
For an outline of how class proceedings work, click here.
Q&A:
Questions
- What is the Lawsuit about?
- I just received the Notice of Certification. Now what?
- How did you get my email?
- Why am I automatically a class member?
- Who is Mandalena Lewis and why is she the class representative?
- Will there be a trial?
- Why only female flight attendants?
- What is expected of me as a class member?
- How can I learn more about the lawsuit?
- Can I call legal counsel?
- Can I share my story?
- Will there be an information session?
Answers
1. What is the lawsuit about?
This lawsuit alleges that WestJet made a promise to all employees, including flight attendants, to have a harassment-free workplace. This is referred to as the Anti-Harassment Promise. The claim says that WestJet broke this Anti-Harassment Promise by failing to maintain a proper anti-harassment programming, investigate complaints, proactively stop harassment, and also by failing to enforce its own rules against perpetrators.
The claim asks the Court to issue statements (called declarations) that WestJet breached its Anti-Harassment Promise and that it saved money by doing so. The claim also asks the Court to order WestJet pay back the money it saved by failing to implement and enforce its Anti-Harassment Promise to the class.
2. I just received the Notice of Certification. Now what?
By law, all female flight attendants that worked at WestJet between April 4, 2014 and February 28, 2021 are part of the class because everyone during that time was impacted by WestJet’s alleged failure to maintain a harassment free workplace, whether or not you were actually harassed. The Notice of Certification explains your right to opt-out of the class action. Remaining in the class will cost you nothing whether the action is successful or not. If the action is successful or settles, you will be entitled to receive a portion of the award. If you opt-out, you will not be entitled to share in any final award.
3. How did you get my email?
The BC Supreme Court ordered WestJet to provide to Class Counsel the email addresses of all class members which it has in its possession. The Court also ordered Class Counsel to distribute the Notice of Certification to class members by email.
4. Why am I automatically a class member?
The law governing class actions in British Columbia states that all persons that meet the class definition (here, female flight attendants employed by WestJet between April 4, 2014 and February 28, 2021) are automatically included in the class.
5. Who is Mandalena Lewis and why is she the class representative?
Mandalena Lewis was a flight attendant that worked for WestJet until 2016. Ms. Lewis claims she experienced sexual assault and harassment firsthand and learned about the experiences of others while she was working at WestJet. Ms. Lewis brought this claim on behalf of female flight attendants after WestJet terminated her.
6. Will there be a trial?
A trial is scheduled to begin in October 2024.
7. Why only female flight attendants?
The information about those impacted by WestJet’s alleged failure to maintain a harassment free workplace came from female flight attendants. However, the action itself examines whether WestJet implemented and enforced its Anti-Harassment Promise for the benefit of all WestJet employees.
8. What is expected of me as a class member?
Class members do not have to do anything. However, if you’re interested in assisting Class Counsel, please contact us to share your stories and information.
9. How can I learn more about the lawsuit?
Please stay tuned to our website where we’ll continue to post updates regarding the lawsuit. We may, from time to time, share information by email or on CUPE’s website.
10. Can I call legal counsel?
Yes, please do. You can reach us at 604-687-0549 ext. 117.
11. Can I share my story?
Yes, we are very much interested in hearing from class members about their experiences at WestJet. Please contact us at wjantiharassmentclass@jfklaw.ca
We are scheduling the first information session for Wednesday, April 24 at 5:00 p.m. Pacific Time. If you’re able to attend, please RSVP to Maria Baracaldo at mbaracaldo@jfklaw.ca. If you’re unable to attend, please drop us a line and let us know. We’ll schedule a second information session to try and accommodate anyone who missed the first.
For updates on the lawsuit, please see the “news” column on the right.
All inquiries are confidential.
News
- Court approves Notice of Certification of Anti-Harassment Promise Class Action
- The Plaintiff brought an application requesting relevant documents that had not been disclosed by WestJet. Examples of the documents requested are documents related to exit interviews reporting complaints and discussing the core policies and anti-harassment program, records on investigations related to harassment and the individuals conducting them; settlements arising out of harassment or assault complaints; investigations related to harassment or sexual harassment complaints under the anti-harassment program among other document requests. The court found that the documents requested were relevant and should be produced by WestJet with the exception of documents related to settlements. Read the full decision here: Lewis v WestJet Airlines Ltd., 2024 BCSC 111.
- WestJet applied to. amend the class definition contained in the Certification Order to have the class period end on July 31, 2018 – the date when the Canadian Union of Public Employees (“CUPE”) was certified as the bargaining agent for all WestJet flight attendants. On November 6, 2023, the British Columbia Court of Appeal dismissed WestJet’s application and concluded that the class definition be amended to provide that the class period ends on February 28, 2021. Read the full decision here: Lewis v WestJet Airlines Ltd., 2023 BCSC 1921.
- On April 19, 2022, the British Columbia Court of Appeal certified a class action by Mandalena Lewis against WestJet Airlines, arguing breach of contract over a failed harassment prevention program. The court ruled in favor of the class, rejecting the notion that human rights complaints were a preferable alternative to advancing the issues. Read the full decision here: Lewis v. WestJet Airlines Ltd., 2022 BCCA 145.
- On February 21, 2019, WestJet appealed the order dismissing its application to strike the notice of civil claim on the basis that the courts lack jurisdiction to hear the dispute which is within the jurisdiction of the Canadian Human Rights Tribunal. The BC Supreme Court dismissed the appeal on the basis that the contract of employment is a recognized source of legal rights grounding remedies for a breach in the courts. Read the full decision here: Lewis v. WestJet Airlines Ltd., 2019 BCCA 63.
- WestJet attempted to have the claim dismissed, arguing that the claim should have been brought before the Canadian Human Rights Tribunal, that the remedy of “disgorgement” (paying over money that was earned or saved by breaching the contract) is not available, and that the entire claim is an abuse of process. WestJet also tried to argue that Ms. Lewis is too late in pursuing the claim and that her claim is therefore barred by the Limitation Act. On December 15, 2017, Justice Humphries Dismissed WestJet’s arguments and denied its application to strike the claim paving the way for the claim to be heard on its merits. Read the full decision here: Lewis v WestJet Airlines Ltd., 2017 BCSC 2327.
- Madam Justice Humphries of the BC Supreme Court has been assigned as the Judicial Management and Trial Judge in the above noted matter. The next step towards certification of this class action is the Judicial Management Conference (“JMC”), to be held before Madam Justice Humphries on November 22, 2016. At the JMC, the Judge will assist plaintiff and defence counsel in developing the timing for certain critical steps in the action, including setting the date of hearing of the certification application. It is anticipated that the judge will also discuss other steps in the litigation such as the discovery of documents and examination of witnesses, which will assist the parties in clarifying the issues and advancing the case.
- The Certification schedule can be viewed by clicking here.
- Click here for FAQs