Why 3,500 female flight attendants are fighting WestJet in court
Thousands of flight attendants have been a part of a years-long class action lawsuit against WestJet, and they may have to wait longer to reach a settlement.
The original lawsuit was filed nearly a decade ago by former WestJet flight attendant Mandalena Lewis, who alleged she was sexually assaulted by a pilot.
It became a class action in 2022 after 3,500 female flight attendants came forward, alleging the airline breached its contract with the women “by failing to implement and maintain an adequate anti-harassment program, including adequate systems and practices for reporting, investigating, and responding to workplace harassment” between April 4, 2016, and Feb. 28, 2021.
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Under the proposed settlement agreement, WestJet was to pay $4.5 million to eligible flight attendants. The carrier did not admit liability.
However, in a hearing on Wednesday, Feb. 18, B.C. Supreme Court Justice Jaqueline Hughes found issues with the proposed agreement, according to reports from the CBC.
She expressed concerns that class members had only three days to look over the terms of the proposed settlement agreement, which would rid the airline of any liability in the case.
The Justice called this an “exceedingly short timeframe,” as the usual amount of time provided is typically 30 days.
WestJet and the class members negotiated the agreement via a mediator in December.
CBC reported that an unofficial version of the proposed agreement was emailed to current and former flight attendants involved in the lawsuit on Jan. 16. That version did not contain the clause releasing the carrier from liability, which is a sticking point for some flight attendants who object to the settlement agreement.
An updated version of the agreement that included that clause was shared with class members on Feb. 6, leaving them only three days until Feb. 9 to share their objections.
Hughes also questioned WestJet about third-party oversight of its anti-harassment policies, reported the CBC.
“I’m not certain how effective what’s proposed here will be in terms of behaviour modification, if it’s solely at WestJet’s election who to hire and to take the results and simply do whatever it wishes with them… I’m not sure how that facilitates accountability,” she said at the hearing.
She also pointed out the lack of clarity around whether WestJet employees, like pilots, could still be sued for sexual harassment under the terms of the agreement.
Class members now have until March 23 to review the proposed settlement and submit objections.
The agreement will be back in court on May 7.
Daily Hive has contacted the B.C. Supreme Court to confirm the details of the hearing and will update this story when we hear back.