Close X
Monday, November 11, 2024
ADVT 
National

B.C. court certifies class-action against WestJet

Darpan News Desk The Canadian Press, 20 Apr, 2022 11:45 AM
  • B.C. court certifies class-action against WestJet

VANCOUVER - The British Columbia Court of Appeal has ruled a former flight attendant's class-action lawsuit alleging breach of contract against WestJet can proceed.

The decision from a three-member panel released Tuesday, overturns a lower-court ruling that dismissed the application filed in 2016 by former WestJet employee Mandalena Lewis.

In written reasons, Justice Peter Voith says the lower court was wrong to conclude the case related to workplace discrimination and "systemic harassment at large" and should be heard by the Human Rights Tribunal.

Instead, the ruling says the case centres on the allegation that WestJet breached a specific contract with its flight attendants by failing to uphold the company's anti-harassment promise.

The unanimous ruling by all three judges says the tribunal can't consider contractual matters and handling the case as a class-action would provide an "access to justice advantage" over a hearing under the Human Rights Act.

Although none of Lewis's allegations have been proved in court, Voith says he accepts that if the claims are upheld, WestJet flight attendants could be compensated from money the company allegedly saved by failing to uphold its contract.

The panel refused to certify the portion of the class-action that would set the amount of compensation, saying the matter should be decided later.

"(It) remains open to the trial judge, at the close of the common issues trial, to conclude that the statutory requirements for an aggregate award are met and to make such an award."

When asked for comment, WestJet said in a statement that it is committed to maintaining a safe and harassment free environment. It said the company doesn't comment on matters before the court.

MORE National ARTICLES

Woman pleads guilty after child's death in daycare

Woman pleads guilty after child's death in daycare
The British Columbia Prosecution Service says Susy Yasmine Saad entered the guilty plea in court on Monday to a single count affecting nine children, including one child who died.

Woman pleads guilty after child's death in daycare

Victim assualted with a hatchet and robbed of their bag

Victim assualted with a hatchet and robbed of their bag
At this time it is believed this was an unprovoked attack and the victim and suspect are not known to each other. The charges of one count of Aggravated Assault and one count of robbery against 30 year old Abdulkadir Hassan of Burnaby have been approved by Crown Counsel. 

Victim assualted with a hatchet and robbed of their bag

258 COVID19 cases for Tuesday

258 COVID19 cases for Tuesday
Also, 93.8% (4,058,015) of all eligible adults in B.C. have received their first dose, 91.5% (3,957,889) received their second dose and 59.5% (2,573,327) have received a third dose.

258 COVID19 cases for Tuesday

B.C. police watchdog understaffed as cases spike

B.C. police watchdog understaffed as cases spike
In the first three days of April, the police watchdog says it responded to six incidents, including two officer shootings, which highlights the significant staffing challenges.

B.C. police watchdog understaffed as cases spike

Man hit by car in Nanaimo, B.C., dies of injuries

Man hit by car in Nanaimo, B.C., dies of injuries
A statement from Nanaimo RCMP says an on-duty officer witnessed the collision around 9:30 p.m. Monday and administered first aid until Emergency Health Services personnel arrived to take the pedestrian to hospital, where he later died.

Man hit by car in Nanaimo, B.C., dies of injuries

Report on housing costs examines municipal roles

Report on housing costs examines municipal roles
Prof. Carolyn Whitzman, a University of Ottawa housing and social policy expert, says policy changes ranging from requiring municipal governments to approve more multi-housing developments to introducing provincial policies that make more government land available for housing could help the problem.

Report on housing costs examines municipal roles