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“WestJet $4.5M Harassment Settlement Awaits BC Court Approval”

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A $4.5 million settlement for female WestJet employees who claimed to have experienced harassment due to the airline’s inadequate anti-harassment procedures is awaiting approval from a B.C. court. The lawsuit, initiated by former WestJet flight attendant Mandalena Lewis almost ten years ago, alleged that WestJet did not provide adequate support after she reported being sexually assaulted by a pilot during a layover in Hawaii in 2010.

Following Lewis’s lawsuit, more women from the airline came forward, leading to the case being granted class-action status by the B.C. Court of Appeal in 2022. The legal action accuses WestJet of violating employment contracts with female flight attendants by failing to establish and uphold a sufficient anti-harassment program from April 4, 2016, to Feb. 28, 2021.

The settlement agreement, reached through mediation in December, proposes that WestJet pays $4.5 million, covering compensation for 3,458 affected class members, legal expenses, administrative costs, and a $20,000 honorarium for Lewis. The compensation is intended to cover costs that WestJet allegedly avoided by not implementing an effective anti-harassment program, rather than compensating the class members for their suffered harms.

Under the terms of the agreement, WestJet does not admit any liability. Lewis, as the lead plaintiff, expressed that supporting over 100 former flight attendants in her role had a significant physical and emotional toll on her. Despite hoping for more for the class members, Lewis agreed to the settlement after consultations with her legal counsel and the mediator.

WestJet stated that while it had a strong defense prepared, it opted for the settlement to avoid further costs and distractions from prolonged litigation. However, eight class members raised objections to the settlement in the B.C. Supreme Court, arguing that after deducting legal fees and expenses, the individual payouts would amount to only $700 to $1,000.

One objector, Andréa Zimmerman, pointed out that the proposed settlement seemed inadequate compared to other legal settlements, such as one involving baggage fees, where WestJet paid $12.5 million. Zimmerman, who worked as a WestJet flight attendant from 2008 to 2022, shared concerns about the lack of provisions in the settlement to ensure a safe workplace for women at WestJet.

Zimmerman emphasized the need for WestJet to take public accountability, enhance its reporting system, and offer therapy to affected employees to create a work environment that feels secure for women. She expressed disappointment that many women might still fear reporting harassment despite the legal actions taken.

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