A $4.5 million settlement for female WestJet employees who claimed they faced harassment due to the airline’s lack of anti-harassment procedures is pending court approval in British Columbia. The lawsuit, initiated by former flight attendant Mandalena Lewis almost ten years ago, alleges that WestJet did not adequately support her after she reported being sexually assaulted by a pilot during a layover in Hawaii in 2010.
Subsequently, more female employees from WestJet came forward, leading to the case being granted class-action status by the B.C. Court of Appeal in 2022. The lawsuit accuses WestJet of breaching employment contracts by failing to establish and maintain a sufficient anti-harassment program, including proper reporting, investigation, and response mechanisms for workplace harassment between April 4, 2016, and Feb. 28, 2021.
The proposed settlement, agreed upon during mediation in December, involves WestJet paying $4.5 million. This sum covers compensation for 3,458 affected class members, legal fees, administrative expenses, and a $20,000 honorarium for Lewis, the lead plaintiff. The compensation basis entails covering costs purportedly avoided by WestJet due to the absence of a proper anti-harassment program, rather than compensating for the damages experienced by class members.
Notably, WestJet would not admit liability as part of the settlement terms. Lewis, in an affidavit, highlighted the emotional and physical toll of supporting over 100 former flight attendants in her role as the lead plaintiff.
While eight class members have raised objections to the settlement, citing concerns about the relatively low payouts per person after legal deductions, others have criticized the agreement for lacking provisions to ensure a safe workplace for women at WestJet. One objector, Andréa Zimmerman, a former flight attendant, expressed disappointment with the proposed settlement and called for better reporting systems, therapy for affected employees, and public accountability from the airline.
The settlement aims to avoid prolonged and costly litigation for both parties, with WestJet emphasizing its decision to enter into the agreement to prevent further expenses, inconvenience, and court resources being consumed. Despite objections, the settlement is expected to be reviewed and decided upon by the B.C. Supreme Court in the near future.