WestJet, Canada's second-largest airline, is currently at the center of a legal battle that is forcing the airline to release records of incidents of harassment and sexual assault against flight attendants. The Supreme Court of British Columbia ordered WestJet to produce its files on harassment complaints after the airline showed a dragging attitude in providing those documents. The investigation is related to a class action lawsuit filed back in 2016 that accuses the airline of violating its obligation to create a safe and respectful workplace for flight attendants.
The lawsuit, which is supported by several flight attendants, accuses the airline of failing to respond adequately to complaints of harassment, particularly allegations about the behavior of male pilots toward female flight attendants. The case has attracted a great deal of attention in Canada as it highlights both working conditions in the aviation sector and the responsibility of large companies in dealing with harassment allegations.
The class action case and the allegations
The class action lawsuit against WestJet was filed in 2016 after several flight attendants alleged that the airline failed to meet its obligations under their employment contracts. According to the plaintiffs, WestJet repeatedly failed to provide a safe, harassment-free workplace. This failure led to a number of complaints ranging from sexual assault to inappropriate workplace behavior.
The lawsuit relates to incidents that spanned an extended period of time and for which the plaintiffs say the airline failed to respond adequately. While WestJet did provide some documents, as stated in the public reports, it is alleged that the airline withheld important documentation and provided only a limited number of complaints. According to the Canadian Press, the number of complaints includes a number of sexual harassment incidents reported between 2018 and 2022. As of the time of the court ruling, WestJet had only filed 24 such complaints, although a higher number was documented internally.
The Supreme Court's ruling
The Supreme Court of British Columbia has repeatedly ordered the airline to produce the full file of harassment complaints. Justice Jacqueline Hughes criticized WestJet for what she said was a slow and potentially counterproductive approach to providing the documents. Of particular concern to the Court was the fact that the company did not adequately explain why these documents were not submitted in a timely or complete manner. Hughes ordered that all relevant documents relating to complaints of harassment between April 4, 2014 and February 28, 2021 must be produced within the next 45 days.
The court also emphasized that it remains unclear how WestJet's alleged failure to provide a harassment-free workplace affects the core of the class action lawsuit, particularly with respect to the plaintiffs' employment contracts. The question of how the company breached its obligation to provide a safe work environment remains a central theme of the ongoing legal battle.
WestJet and the reaction to the criticism
WestJet is known in the Canadian aviation industry for its low fares and extensive route network, which includes numerous domestic and international connections. But the airline is now under increasing pressure to overhaul its internal processes and its attitude towards the harassment complaints. The lack of transparency and slow response to the court's demands have significantly damaged the company's reputation.
The airline has only submitted a limited number of complaints to date, which many see as insufficient. This not only has legal implications, but also raises questions about company policy and how it handles internal complaints. In the past, the airline has been repeatedly criticized for inadequate training and outdated policies on how to deal with harassment cases.
The deficiencies in the lawsuit and repeated delays in handing over documents have brought the case into the public spotlight. It remains to be seen how WestJet will respond to the ruling and what steps the company will take to defuse the situation and restore trust in the company culture.
Importance of class action litigation for the aviation sector
The WestJet case has far-reaching implications for the airline industry in Canada and beyond. It highlights the challenges and need for airlines to develop a proactive approach to dealing with allegations of harassment and to ensure a safe work environment for their employees. Airlines and other companies in the transportation sector may be pressured by this case to revise their internal policies and training programs and to implement clearer procedures for dealing with complaints.
The discussion about harassment in the workplace is no longer limited to the aviation sector, but affects many different industries. The WestJet case shows how important it is for companies to confront both employees and the public with a clear stance on combating harassment and discrimination. If the case leads to a decision that strengthens the responsibility of companies in dealing with such complaints, this could have far-reaching effects on employment law and company policy in general.
and 