Lewis v. WestJet Airlines Ltd.
Mandalena Lewis
WestJet Airlines Ltd.
Law Firm / Organization
McLennan Ross LLP

Background:
Mandalena Lewis, representing a class of WestJet flight attendants, sued WestJet Airlines Ltd. for allegedly breaching employment contracts by failing to implement and enforce an anti-harassment program (the "Anti-Harassment Promise"). The case was certified as a class action in April 2022, with the class period revised from April 4, 2014, to February 28, 2021.

Legal Arguments/Issues:
Lewis argued that WestJet systematically failed to uphold its contractual obligation to maintain an anti-harassment program, seeking disgorgement of cost savings WestJet allegedly gained from this failure. The primary legal issues were:

  1. Whether the Anti-Harassment Promise was a term of the employment contract.
  2. Whether WestJet breached this promise.
  3. Whether WestJet benefited financially from this breach.

Document Production Dispute:
The case involved significant disputes over the scope of document production. Lewis sought extensive records related to WestJet’s handling of harassment complaints, training materials, and settlement agreements. WestJet resisted, citing settlement privilege and the burden of producing certain documents.

Court's Ruling:
The court ordered WestJet to produce several categories of documents, including records related to training, exit interviews, and harassment investigations. However, the court denied Lewis’s request for documents related to settlements, upholding settlement privilege.

Costs/Awards:
The judgment did not specify a total amount of costs or awards in favor of either party at this stage of the proceedings. Further orders regarding document production were mandated, with WestJet required to comply within 45 days.

Supreme Court of British Columbia
S162957
Labour law