Close X
Tuesday, November 26, 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

High waves, deep snow arrive in latest B.C. storm

High waves, deep snow arrive in latest B.C. storm
The weather office warned of dangerous storm surges on Monday as west winds gust to 100 kilometres per hour. The agency said the winds could send waves of up to 12 metres "crashing onshore" during the height of the storm.

High waves, deep snow arrive in latest B.C. storm

BC Premier John Horgan tests positive for COVID19

BC Premier John Horgan tests positive for COVID19
Horgan says his symptoms are mild and he is isolating and working from home. He recently underwent treatment of his throat cancer and was back in his office in January.

BC Premier John Horgan tests positive for COVID19

Woman sexually assaulted during the early morning hours in an Abbotsford parking lot

Woman sexually assaulted during the early morning hours in an Abbotsford parking lot
A woman was reported walking through a local business parking lot when she was approached by an unknown man driving a grey or silver van. During this encounter, the victim was sexually assaulted. The suspect male is described as South Asian, 30 years of age, with short brown hair and a beard.

Woman sexually assaulted during the early morning hours in an Abbotsford parking lot

Canadians becoming more divided: survey

Canadians becoming more divided: survey
The national phone survey by the Canadian Hub for Applied and Social Research at the University of Saskatchewan was done between March 7 and March 24. It asked 1,011 people about the issues that divide them the most.

Canadians becoming more divided: survey

Vancouver home sales up 27% since February: board

Vancouver home sales up 27% since February: board
The B.C. board says last month's sales totalled 4,344, a 27 per cent increase from 3,424 homes sold in February 2022 and a 24 per cent decrease from the 5,708 sales recorded in March 2021.

Vancouver home sales up 27% since February: board

Parliamentary secretary’s statement on Sikh Heritage Month

Parliamentary secretary’s statement on Sikh Heritage Month
“More than 100 years ago, the first gurdwara in our province opened its doors in Vancouver. Now British Columbia is home to one of the largest Sikh populations outside of India, and our province is honoured to dedicate this month to acknowledge and celebrate the rich culture and diversity the Sikh community brings."

Parliamentary secretary’s statement on Sikh Heritage Month