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 firstname.lastname@example.org 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