A B.C. court will decide in the coming days whether to approve a $4.5-million settlement with female WestJet employees who say they suffered as a result of the airline’s lack of procedures to combat harassment.
Former WestJet flight attendant Mandalena Lewis filed the lawsuit nearly a decade ago, alleging the airline failed to support her after she says she was sexually assaulted by a pilot on a layover in Hawaii in 2010.
More women who worked for the airline came forward and the case was certified as a class action by the B.C. Court of Appeal in 2022.
The lawsuit alleges WestJet “breached contracts of employment with female flight attendants by failing to implement and maintain an adequate anti-harassment program, including adequate systems and practices for reporting, investigating, and responding to workplace harassment” between April 4, 2016 and Feb. 28, 2021.
The agreement in principle, reached by the parties during mediation in December, would see WestJet pay $4.5 million, including compensation to 3,458 affected class members, legal fees, administration costs and a $20,000 honorarium to Lewis, the lead plaintiff.
The basis for compensation is payment of costs allegedly avoided by WestJet through failure to implement an adequate anti-harassment program, rather than compensation for harms suffered by class members.
WestJet would admit no liability under the terms of the agreement.
In an affidavit, Lewis said that speaking with and supporting more than 100 former flight attendants in her role as lead plaintiff took an extreme physical and emotional toll.
“Giving space to women to open up about some of the worst experiences that they have ever encountered was extremely disruptive to my personal life. Many have not been able to afford therapy, and lack a personal support network, so for some, I was the first person that they had truly opened up to about the experience.”
Lewis added that although she hoped more could be achieved for the class, she decided to agree to the settlement after speaking with her lawyers and the mediator in the case.
WestJet said in its response that despite having prepared a robust defence “it has agreed to enter into this Agreement to avoid further expense, inconvenience and the distraction of protracted litigation.”
“Trial of this matter would consume significant court resources, as well as significant time and expense for the parties.”
However, eight class members registered formal objections with B.C. Supreme Court, asking the judge not to approve the agreement.
Most objections noted once legal fees and costs are deducted, the payout for class members would be between $700 and $1,000 per person.
Andréa Zimmerman, one of the former flight attendants who objected, called the proposed settlement “an insult,” noting that the airline recently paid $12.5 million in a settlement over baggage fees.
Other complainants cited sexual assault settlements with payouts to class members in the tens of thousands.
Zimmerman, who was a WestJet flight attendant between 2008 and 2022, says that two friends confided to her that they were sexually assaulted by the same pilot during that time and that the company failed to address the allegations.
None of the allegations have been proven in court.
Zimmerman says she’s concerned that there’s nothing in the agreement to ensure that WestJet maintains a workplace that feels safe for women.
She’d like to see WestJet take public responsibility, implement a better reporting system and offer therapy for affected employees.
“I still think a lot of women will still be afraid to report harassment. It’s very disappointing.”
