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

Kelowna man arrested after allegedly setting blaze near Fire Department

The man was allegedly seen lighting bushes on fire near the Kelowna Fire Department

Kelowna mothers to share grief, spread awareness for Overdose Day

Moms Stop the Harm is hosting an event for International Overdose Awareness Day in Kerry Park

Latino-American rock ‘n’ roll band The Mavericks coming to Kelowna

Kelowna is the only B.C. stop on the band’s worldwide tour

UBC Okanagan Heat score 10 goals in pre-season double-header

Two exhibition wins in the U.S. to start the year for the mens Heat squad

Kelowna transit system to add new routes in September

The decision is due to increase in demand, according to BC Transit

VIDEO: Could we BE any more excited? ‘Friends’ fans go crazy for merch

Movie theatres will show select episodes to mark the NBC series’ 25th anniversary

Penticton man sentenced in non-fatal 2017 shooting

Elkena Michael Knauff sentenced to seven and a half months in jail

Bodies of two missing Surrey men found near Ashcroft

Ryan Provencher and Richard Scurr have been missing since July 17

Kamloops RCMP locate and arrest man who fled from police

The 22-year-old male was wanted in relation to a domestic violence investigation

Five hedgehogs quickly adopted after being left at BC SPCA

Lucky new owners picked up their pets from Maple Ridge branch on Aug. 20

COLUMN: Much to enjoy at Ryga Arts Festival

As I learn about George Ryga and his contributions, it is clear why this festival carries his name

Okanagan RCMP superintendent helps with arrest

Vernon Supt. Shawna Baher arrests man for theft; turns out to be suspect in assault and robbery

B.C. cricket players get interrupted by racist remark

Community has had protocols in place for years to respond to prejudice

Most Read