Approval hearing underway for proposed settlement in flight attendants’ lawsuit against WestJet

A WestJet logo is seen in the domestic check-in area at Vancouver International Airport, in Richmond, B.C., on Friday, May 19, 2023. (Darryl Dyck / The Canadian Press)

A proposed settlement in a class-action lawsuit launched by flight attendants against WestJet is under scrutiny at B.C. Supreme Court.

A judge must sign off on the settlement before it can take effect.

“It represents a compromise, but obviously, the representative plaintiff and class counsel believe it is in the best interests of the class,” said Tim Dickson, lawyer for the plaintiffs in the suit.

The issue at hand is whether WestJet breached the terms of employment contracts by failing to implement an adequate anti-harassment policy to protect flight attendants.

The class action began after lead plaintiff Mandalena Lewis came forward with allegations of sexual assault against a pilot while the pair were on a layover in Hawaii.

Thirteen members of the class object to the terms of the proposed settlement.

“I fully support the objectors in this settlement hearing,” Lewis said outside court on Thursday.

“And I hope very much that we get more justice from this.”

The proposed settlement requires WestJet to pay a total of $4.5 million.

After legal fees and other disbursements, $1.6 million is left to be divided amongst the 3,500 complainants.

It works out to roughly $465 per person.

The settlement proposal also requires WestJet to hire a third-party consultant to examine the prevalence of harassment at the airline, along with its reporting procedures.

“This case was a breach of contract claim,” Dickson said. “The allegation was that WestJet promised to have an effective, adequate, anti-harassment program and that they didn’t implement that program, and that they saved money because they didn’t spend that money in implementing the program.”

“This case is not about compensating members for harassment that they actually experienced for sexual assault or battery or sexual harassment,” he added. “It’s not about individual harms.”

Lewis, who no longer works at WestJet, said she has heard from current flight attendants that harassment and assault remain ongoing issues.

“As far as perpetrators and predators at WestJet, they continue to work there,” she said. “And so, you know, you start to question whether or not WestJet has an appropriate behavior modification in place.”

Arguments continue Friday, and then it will be up to the court to decide if the proposal is fair and reasonable, and in the best interests of the class as a whole.

The judge can accept or reject the proposed settlement but cannot alter it.