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

Former Campbell Riverite reaches Everest summit

Clayton Matthews’ team got to the top of the world earlier this week

Strathcona Regional District fiscal health gradually improving, staff say

Tax and service revenue was up for the SRD in 2018, while grant money was down

VIDEO: Campbell River highschool event marks Canadian human rights milestone

50th anniversary of the decriminalization of homosexuality

Blaney plan helps seniors late with taxes

Simple solution to important issue: North Island-Powell River MP

Campbell River resident to campaign on climate, economy for Liberal Party seat in Ottawa

Peter Schwarzhoff joins race for the second time in North Island-Powell River riding

Kelowna RCMP interrogation video brings home reality in ‘visceral way’: former TRC chairman

Video of Mountie interrogating young Indigenous woman disclosing sexual abuse under fire

B.C. ferry stops to let bear swim past

Queen of Oak Bay brakes for wildlife in Nanaimo’s Departure Bay

Update: Mother dead, child in critical condition after carbon monoxide poisoning at Shuswap campground

The woman was found unresponsive insider her tent and the youth was taken via air ambulance to hospital

Canada’s parole officers say correctional system has reached breaking point

About half of Canada’s federal parole officers work inside penitentiaries and correctional institutions

Montreal researchers create audible hockey puck for visually impaired players

Three years ago, Gilles Ouellet came up with the idea for a puck that makes a continuous sound

Vancouver Island MusicFest: ‘House bands’ from the golden age of rock and R&B

Some of America’s greatest session musicians are coming to the Comox Valley this summer

Former B.C. Greyhound bus drivers head to Penticton for goodbye party

Big bash runs until Sunday, funded by drink cans left behind on busses over the years

Boy, 12, arrested after allegedly pulling a knife on another child at a Surrey park

The child was later released into his parents’ custody as Surrey RCMP continue their investigation

Full-scale search underway for missing kayaker on Okanagan Lake

Kelowna Paddle Centre member Zygmunt Janiewicz, 71, failed to return from his ‘daily kayak’ on the lake

Most Read