WestJet Class Action Lawsuit Overview:
- Who: A former WestJet flight attendant’s class action lawsuit has been certified by the B.C. Court of Appeal.
- Why: The Court of Appeal disagreed with a previous ruling by a B.C. Supreme Court justice that deemed a class action lawsuit to be an inefficient way to approach the case.
- Where: The class action lawsuit was certified in British Columbia.
The B.C. Court of Appeal certified a former flight attendant’s class action lawsuit against WestJet Airlines that alleges the airline breached its contract with employees by failing to create a safe work environment for female flight attendants.
The Court of Appeal’s decision overturned the ruling of B.C. Supreme Court Justice Karen Horsman who had previously denied certification for the class action lawsuit led by former WestJet flight attendant Mandalena Lewis.
WestJet Class Action Certifiable for Breach of Contract Claims, Court Rules
Justice Horsman initially ruled that Lewis had failed to establish that a class action lawsuit was the “most efficient and fair course of action to resolve her claims.” Justice Horsman wrote that Lewis’ complaint was better suited for the Canadian Human Rights Tribunal or collective bargaining.
The Court of Appeal disagreed with Justice Horsman, determining that she had wrongly addressed Lewis’ class action lawsuit as one dealing with workplace discrimination when it in fact deals with breach of contract.
“In a human rights complaint, only those class members who had actually suffered discrimination, in the form of harassment or otherwise, could potentially seek monetary compensation,” wrote Court of Appeal’s Justice Peter Voith.
Lewis’ lawyer, Karey Brooks, highlighted the distinction in her own comments.
“[This case] doesn’t require women to be harassed in order to enforce contractual rights they have to a harassment-free workplace,” she said.
As for workplace discrimination, Lewis has filed a separate lawsuit against WestJet, claiming the airline failed to treat her fairly after she reported being sexually assaulted by a pilot.
What do you think about the Court of Appeal’s new ruling regarding WestJet’s protection of its female flight attendants? Share your thoughts in the comments section below!
The plaintiff is represented by Karey Brooks.
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