Nearly 3,500 female flight attendants who have filed a lawsuit against WestJet for an alleged failure to address harassment issues will face delays in reaching a settlement. The legal action claims that WestJet violated employment contracts by not establishing an effective anti-harassment program, including proper procedures for reporting and addressing workplace harassment from April 4, 2016, to Feb. 28, 2021. Although the proposed settlement involved a $4.5 million payment to class members, WestJet did not admit any liability in the agreement.

During the court session, concerns were raised by B.C. Supreme Court Justice Jacqueline Hughes regarding the limited timeframe provided to class members for reviewing and agreeing to the settlement terms. Hughes criticized the short three-day window, noting that the standard review period is typically 30 days. The proposed agreement, which was mediated in December, was unofficially shared with current and former flight attendants on Jan. 16. However, some objected to the agreement due to a missing clause that would release WestJet from liability. The updated version was circulated on Feb. 6, with objections accepted until Feb. 9, resulting in eight individuals raising concerns.

Among the objectors was April Harkness, a former WestJet flight attendant, who traveled to Vancouver to express her reservations about the settlement terms. She cited the brief decision period, the adequacy of compensation, and the lack of specifics regarding independent oversight of WestJet’s anti-harassment policies as key issues. The judge also questioned the efficacy of the proposed measures for behavior modification, emphasizing the importance of accountability in the process.

The original lawsuit was initiated in 2016 by Mandalena Lewis, a former WestJet flight attendant who alleged a sexual assault by a pilot during a layover in Hawaii in 2010. After more women came forward, the case was certified as a class action in 2022 based on WestJet’s alleged contractual breach in providing a harassment-free work environment. The judge also highlighted uncertainties surrounding potential lawsuits against WestJet employees for sexual harassment under the agreement’s terms.

Class members now have until March 23 to review the agreement and voice objections, aiming for an orderly decision-making process. The court will reconvene on May 7 to revisit the settlement terms.