CALGARY- WestJet Airlines (WS) faces a temporary delay in a proposed $4.5 million class action settlement involving 3,500 female flight attendants. The case is before the B.C. Supreme Court in Vancouver (YVR).
The lawsuit covers April 4, 2016, to February 28, 2021, and alleges the airline failed to maintain an adequate anti-harassment program. The settlement does not include an admission of liability.
WestJet $4.5 Milion Settlement Paused
A B.C. Supreme Court judge has paused approval of the proposed settlement after raising concerns about the time given to class members to review the agreement. Justice Jacqueline Hughes stated that attendants were initially provided only three days to assess the terms, while the standard review period is typically 30 days.
The agreement was negotiated through mediation in December. An unofficial version was emailed to current and former attendants on January 16. That version did not include a clause releasing WestJet from liability. The omission became a central concern among attendants who later objected to the final terms.
Under the proposed settlement, WestJet would pay $4.5 million to eligible class members. The airline has not admitted wrongdoing.
Justice Hughes emphasized that class proceedings are intended to encourage behavioural change. She questioned whether the proposed agreement would achieve that goal, particularly regarding oversight of the airline’s anti-harassment policies. The judge noted that if oversight remains solely at WestJet’s discretion, accountability may be limited.
She also raised concerns about whether individual employees, including pilots, could still face civil claims for sexual harassment under the settlement terms. The agreement’s wording did not clearly address this issue.
Class members now have until March 23 to review the revised settlement and file objections. The matter will return to court on May 7, The National Post reported.
Document Disclosure and Prior Court Orders
In December 2024, Justice Hughes criticized WestJet’s approach to document disclosure, describing it as slow and potentially adversarial.
The airline had initially provided 24 harassment complaints during the relevant period. However, internal statistics suggested a significantly higher number of complaints.
The court ordered WestJet to produce all harassment complaints filed between April 4, 2014, and February 28, 2021, regardless of the individuals involved. The airline was directed to submit the records within 45 days.
Background of the Class Action
The original lawsuit was filed in 2016 by a former WestJet flight attendant. She alleged she was sexually assaulted by a pilot during a layover in Hawaii in 2010.
The case was certified as a class action in 2022 after additional attendants came forward with similar allegations. The current proceedings focus on whether the airline breached contractual obligations by failing to implement and maintain an effective anti-harassment framework.
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