WestJet Proposed Class Action Lawsuit & Filed Documents

UPDATE: WESTJET’S APPEAL DISMISSED. Judges rule the claim should remain in the courts as a breach of contract in WestJet’s anti harassment promise to keep it’s female flight attendants safe.

On January 21st, 2019 Mandalena faced WestJet Airlines in Appeal Court. It was the first time back in court since the company lost their strike against the proposed class in the winter of 2017. The company did not make itself available for it’s own appeal for all of 2018. WestJet’s main argument to appeal is that it does not agree with a class of women taking seeking action and justice through the court system.

Mandalena brings this action forward on behalf of herself and a proposed class of plaintiffs being all present female flight attendants at WestJet Airlines and all former flight attendants who worked at WestJet within the applicable limitation periods.

The lawsuit alleges a systemic breach of contract by WestJet in failing to address sexual harassment and assault by pilots to the standards required by its policies and to instead attempt to suppress reporting, protect pilots and silence victims. The proposed class action is a first of it’s kind in the province of British Columbia, and if successful would create widespread change for women across the Canadian work sector.

Mandalena is represented by counsel, Karey Brooks, of JFK Law Corporation in Vancouver, BC.

To contact counsel, to discuss whether you might be part of the class once certified or to seek more information, please contact:

Maria Baracaldo at JFK Law Corp. at mbaracaldo@jfklaw.ca or 604-687-0549 ext. 117

All inquiries are confidential.

CHRONOLOGICALLY FILED COURT DOCUMENTS AND RESPONSES:

April 4, 2016. Notice of Civil Claim – Class Action Proceedings

April 19, 2016. WestJet – Response to Civil Claim

July 22, 2016. WestJet Failed E&Y Report

December 13, 2016. Filed Order for Certification Schedule

February 28, 2017. Defendant’s Application Record – Strike Application

February 28, 2017. Defendants – Notice of Application

March 21, 2017. Consent Order – Action stayed pending the outcome of certification

March 31, 2017. Plaintiff – Affidavit #1

March 31, 2017. Plaintiff – Application Response

April 4, 2017. Plaintiff – Notice of Application (Demand for Further Production)

April 4, 2017. Plaintiff – Affidavit #2

May 1, 2017. Defendant – Application Response

May 1, 2017. Defendant – Affidavit #1

November 9, 2017 Plaintiff – Written Argument

December 15, 2017. Reasons for Judgement – Application to Strike – Madam Justice Humphries

January 12, 2018. Notice of Appeal – Strike Decision from BC Supreme Court – Madam Justice Humphries

January 16, 2018. Notice of Appearance

March 12, 2018. Appellant – Transcript of Nov 9 and 10 hearing

March 12, 2018. Appellant – Appeal Record

April 11, 2018. WestJet – Appeal Factum

April 11, 2018. Westjet – Appeal Book

May 18, 2018. WestJet – Appellant’s Reply Factum for Strike Appeal

May 22, 2018. WestJet – Appellant’s Transcript Extract Book

July 11, 2018. WestJet – Certificate of Readiness

July 11, 2018. WestJet – Notice of Hearing of Appeal

Lewis vs WestJet – Appeal Dismissed