WestJet Must Face Class Action for Not Preventing Workplace Harassment
Employees of WestJet filed a class action lawsuit against the airline for allegedly violating its contractual obligation to protect them from workplace harassment. WestJet denied the claims and challenged the employees’ right to bring them in a class action. Its contention: This case is essentially about discrimination, not breach of contract, it contended. Thus, if there had been any harassment, the employees’ recourse would be to file individual claims with the human rights tribunal. But the court disagreed and refused to dismiss the case. And now the BC Court of Appeal has dismissed WestJet’s appeal. Result: The case can go forward as a class action [Lewis v. WestJet Airlines Ltd., 2019 BCCA 63 (CanLII), Feb. 21, 2019].