WestJet has lost its attempt to have a class action sexual harassment claim tossed from the BC Supreme Court.
The Claim, brought by Mandalena Lewis on behalf of all female WestJet flight attendants, alleges that WestJet made binding contractual promises to put in place and implement an anti-harassment policy. The claim alleges that WestJet failed to fulfill that contractual promise to its flight attendants, which is alleged to have allowed systemic sexual harassment to continue in the workplace.
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.
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.
The claim is brought by Ms. Lewis on behalf of all female WestJet flight attendants. Ms. Lewis will be applying to certify the claim as a class action in the coming months.
Ms. Lewis is represented by Karey Brooks and Tim Dickson.
To discuss whether you might be part of the class or to seek more information, please contact:
Rose Singh at JFK Law Corp. at firstname.lastname@example.org or 604-687-0549 ext. 105