WestJet Reaches $4.5 Million Settlement in Flight Attendant Harassment Class Action

WestJet has agreed to a $4.5 million settlement in a long running class action lawsuit involving allegations of workplace harassment experienced by female flight attendants, bringing a major chapter of the legal dispute to a close.

A British Columbia court approved the settlement this week after determining that the agreement was fair and in the best interests of the employees covered by the case.

The settlement applies to more than 3,400 current and former female WestJet flight attendants who worked for the airline between April 2014 and February 2021.

Eligible employees who submit valid claims are expected to receive approximately $470, according to the law firm representing the class. A claims portal is being prepared to allow eligible former and current employees to apply for compensation.

WestJet has confirmed that the settlement has received court approval and said the company is committed to improving workplace practices, employee training and safety.

The airline emphasized that the agreement does not represent an admission of liability or wrongdoing.

WestJet spokesperson Jen Booth said the company was pleased to reach the settlement and would work to meet the terms of the agreement. She also said the airline intends to strengthen its operations and training while continuing efforts focused on employee safety, well being and workplace culture.

The settlement concludes a legal battle that began a decade ago and involved allegations concerning the treatment and protection of flight attendants in the workplace.

The case was launched in 2016 by former WestJet flight attendant Mandalena Lewis, who had worked for the airline for eight years before being dismissed.

Lewis publicly described what she regarded as a toxic workplace culture within the airline industry. Her lawsuit included allegations concerning an incident involving a WestJet pilot during a layover in Hawaii in January 2010.

According to the allegations contained in the lawsuit, Lewis said the pilot invited her to his hotel balcony after a group dinner. She alleged that once inside the room, he physically restrained her and attempted to force unwanted sexual contact despite her resistance.

Lewis later said she considered the incident a traumatic sexual assault.

The lawsuit also alleged that WestJet had previously received a complaint from another flight attendant involving the same pilot. According to the allegations, the earlier complaint concerned an alleged sexual assault during a layover in Alberta.

The lawsuit claimed that WestJet did not discipline or terminate the pilot following that earlier complaint and did not take sufficient measures to warn or protect other employees who might work with him.

WestJet has denied the allegations. The claims against the airline and the individuals involved have not been proven in court.

Lewis’s case developed into a proposed class action against WestJet, with the legal proceedings facing several challenges before ultimately moving forward.

WestJet attempted to have the lawsuit dismissed in British Columbia courts in 2017, arguing that the dispute should instead be dealt with through a different legal and labour relations process.

The airline’s attempt to stop the lawsuit did not succeed. In 2019, the Supreme Court of Canada declined to hear WestJet’s arguments seeking to end the case.

The class action was formally certified in 2021, allowing the broader allegations concerning workplace harassment to proceed collectively rather than through separate individual lawsuits.

The legal dispute continued for several more years as the parties dealt with the disclosure of company records and other evidence.

In 2024, a British Columbia Supreme Court judge ordered WestJet to provide documents relating to harassment complaints involving flight attendants.

The ruling raised concerns about the airline’s handling of the document disclosure process. The judge found that WestJet had been slow in providing information and described aspects of the process as potentially adversarial.

The newly approved settlement does not resolve the underlying allegations through a finding that WestJet was legally responsible. Instead, it provides compensation to eligible members of the class and brings the class action toward its conclusion.

For the thousands of current and former employees covered by the agreement, the settlement provides a formal compensation process after years of litigation.

The case also highlights broader questions surrounding workplace safety, harassment reporting and the responsibilities of large employers when employees raise serious complaints.

Airlines operate in an environment where employees frequently work away from their home bases and spend extended periods travelling with colleagues. Flight attendants and other crew members can therefore face workplace situations in hotels, airports and other locations outside their normal working environments.

The allegations raised in the lawsuit brought attention to the importance of effective reporting systems and procedures for dealing with complaints, particularly when allegations involve colleagues or supervisors.

WestJet has stressed that it is focused on strengthening its workplace culture and ensuring employee safety. The airline’s commitment to additional training and operational improvements is expected to remain an important part of its response following the settlement.

The $4.5 million agreement represents the financial conclusion of a case that began with one former employee’s allegations and eventually involved thousands of women who worked for the airline during the period covered by the class action.

While the settlement does not establish wrongdoing by WestJet, the court’s approval provides a clear path for eligible employees to seek compensation.

The case is also a reminder of how workplace harassment disputes can develop into lengthy legal battles when allegations involve large organizations and multiple employees.

For WestJet, the settlement closes a significant legal chapter while placing renewed attention on workplace policies, training and employee protection.

For the former and current flight attendants included in the class, the next stage will be the claims process, which will determine eligibility and distribute compensation under the terms approved by the court.

Courtesy: theglobeandmail