Westjet tries again to dismiss proposed class-action lawsuit alleging discrimination

Former flight attendant claims airline broke contractual promise to create harassment-free workplace

WestJet is asking the Supreme Court of Canada to hear its request to throw out a proposed class-action lawsuit that accuses the airline of sexual harassment and gender-based discrimination.

The court documents filed Thursday, the Calgary-based airline argued the allegations fall within the mandate of the Canadian Human Rights Act, and should be resolved through the human rights tribunal or workers’ compensation board, not through the courts.

READ MORE: Former B.C. flight attendant protests sexual harassment outside YVR, asked to leave

In 2017, former flight attendant Mandalena Lewis disclosed claims that Westjet broke the contractual promise of providing a harassment-free workplace after she alleged a male pilot sexually assaulted her during a stopover in Hawaii in 2010.

The airline has denied it failed to take appropriate action after she brought the sexual assault claims forward.

Lewis’ case has “opened the door for employees to avoid the comprehensive federal human rights regime established by Parliament and bring human rights claims directly to the courts,” the application for leave to appeal read.

The lawsuit, which has yet to be approved by the court as a class-action proceeding, aims to represent all of WestJet’s past and current female flight attendants whose employment contract includes the same promise.

WestJet’s first application to dismiss it was rejected by the B.C. Supreme Court in 2017. The argument was then taken to the B.C. Court of Appeal last February, where a three-judge panel ruled against the airline again.

#METOO AT WORK: Employers play a role in fixing culture of harassment

Black Press Media has reached out to Lewis and the airline for comment.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Police probe Cataline Court homicide

Shooting reported on Nov. 10

Freezing rain warning issued for central Interior Remembrance Day

Highway alerts in place for Begbie Summitt and Pine Pass

BCTF rejects mediator’s recommendations for settlement

Negotiations between B.C. teachers and the province will continue

Deal reached for Francois Lake ferry service

The risk of a labour strike disrupting the Francois Lake ferry service… Continue reading

Faculty at Terrace UNBC campus join strike after failed negotiations

Unfair working conditions required job action demonstration, protesters say

Petition to ‘bring back Don Cherry’ goes viral after immigrant poppy rant

Cherry was fired from his co-hosting role for the Coach’s Corner segment on Nov. 11.

Disney Plus streaming service hits Canada with tech hurdles

Service costs $8.99 per month, or $89.99 per year, in Canada

Trudeau’s opponents: One gives him an earful, another seeks common ground

PM meets with Conservative leader Andrew Scheer and Saskatchewan Premier Scott Moe

Rona’s ‘truly Canadian’ ads are inaccurate, watchdog says

Ads Standards points out U.S.-based Lowe’s acquired Rona in 2016

Brian Burke considered favourite to replace Don Cherry

Brian Burke is the 5-4 pick to be the full-time replacement next season

Major donor Peter Allard takes UBC to court to get his name on all law degrees

Philanthropist claims school not adhering to 2014 agreement for his $30-million donation

Report predicts drug resistance likely to kill 400,000 Canadians by 2050

This increase is expected to cost Canada 396,000 lives, $120 billion in hospital expenses

Terrace RCMP investigating suspicious death of a man in Thornhill

Kamloops resident was found unresponsive early Sunday morning, died hours later

Most Read