Lewis v WestJet Airlines Ltd.
Mandalena Lewis
Law Firm / Organization
JFK Law Corporation
WestJet Airlines Ltd.
Law Firm / Organization
Not Specified

Background:
Mandalena Lewis, the representative plaintiff, alleged that WestJet Airlines Ltd. systematically breached employment contracts with female flight attendants by failing to implement an anti-harassment program (the “Anti-Harassment Promise”). This class action encompassed all female flight attendants employed by WestJet from April 4, 2014, to February 28, 2021.

Legal Issues:
Key issues included whether the Anti-Harassment Promise was a term in the employment contracts, whether WestJet breached this term, and whether disgorgement of cost savings or punitive damages were appropriate remedies. The plaintiff also sought additional document production concerning harassment complaints across WestJet's workforce.

Court's Findings:
The court reaffirmed the systemic breach of contract claim focused on flight attendants’ employment contracts. It rejected the plaintiff’s request for harassment complaint files involving other WestJet employees, deeming them irrelevant. However, WestJet was ordered to produce all harassment complaint files related to flight attendants, including those of class members who opted out.

Costs and Awards:
No explicit costs or damages were awarded in this decision, as the ruling primarily addressed document production. The plaintiff was granted 45 days to comply with the court's order.

Supreme Court of British Columbia
S162957
Employment law