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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Bridging the gap: Williams Lake leaders engage with First Nations community for better understanding

City councillors and staff responsed to an invitation from Esk’etemc

Longhouse proposed for possible COVID-19 housing in Williams Lake

‘We are probaby looking at a second wave, we can’t stick our heads in the sand,’ said Rosanna McGregor

South Lakeside residents to be reimbursed for 2020 parcel tax payments

Council determined residents fulfilled the commitment of 20 payments for water, sewer hook up

Quesnel rescue group offers feral felines a second chance

Dunphy’s latest cat capers have taken her to the Quesnel landfill

B.C. First Nation breaks ground on $4.5 million gas bar in the Chilcotin

Chilcotin River Trading at Tl’etinqox will feature a grocery store, café and more

21 new COVID-19 cases confirmed in B.C. as virus ‘silently circulates’ in broader community

Health officials urge British Columbians to enjoy summer safely as surge continues

Tough time for tree fruits as some B.C. farm products soar

Province reports record 2019 sales, largely due to cannabis

Northern Indigenous cannabis cultivation facility to supply over 60 private B.C. stores

Construction to soon resume on Nations Cannabis in Burns Lake

‘Let’s all do a self-check’: Okanagan mayor reacts to racist vandalism targeting local family

Home of Indo-Canadian family in Summerland was targeted on evening of July 13

Province agrees to multimillion-dollar payout for alleged victims of Kelowna social worker

Robert Riley Saunders is accused of misappropriating funds of children — often Indigenous — in his care

B.C. businessman David Sidoo gets 3 months behind bars for college admissions scam

Sidoo was sentenced for hiring someone take the SATs in place of his two sons

PHOTOS: Inside a newly-listed $22M mega-mansion on ALR land in B.C.

The large home, located on ALR land, is one of the last new mansions to legally be built on ALR land

Thousands of dollars in stolen rice found in B.C. warehouse

Police raid seizes $75,000 in ‘commercial scale’ theft case

COVID-19 gives B.C. First Nation rare chance to examine tourism’s impact on grizzly bears

With 40 infrared cameras deployed in Kitasoo-Xai’Xais territory, research will help develop tourism plan with least impact on bears

Most Read