Settlement will pay 3,458 affected class members
A B.C. court is expected to rule in the coming days on whether to approve a proposed $4.5‑million settlement between WestJet and thousands of current and former female flight attendants who say the airline failed to properly protect them from workplace harassment.
The B.C. court must now assess whether the proposed settlement is fair, reasonable and in the best interests of the class as a whole before deciding whether to grant approval, as outlined in a CBC report.
The agreement in principle — reached during mediation in December — would resolve a class‑action lawsuit alleging that WestJet did not have adequate systems in place to prevent, report and respond to harassment affecting female cabin crew, CBC reported.
None of the allegations in the case have been proven in court.
Class action origin
The litigation traces back nearly a decade to a claim filed by former WestJet flight attendant Mandalena Lewis. She alleges the company failed to support her after she says she was sexually assaulted by a pilot during a layover in Hawaii in 2010.
As more women came forward, the B.C. Court of Appeal certified the matter as a class action in 2022. The certified class covers female flight attendants employed between 4 April 2016 and 28 February 2021.
The lawsuit alleges WestJet breached employment contracts by failing to implement and maintain what it calls an adequate anti‑harassment programme for female flight attendants during that period, according to the CBC report. It points to alleged shortcomings in reporting channels, investigation procedures and responses to complaints of workplace harassment.
Proposed deal with WestJet
Under the proposed settlement, WestJet would pay $4.5 million. Court filings cited by CBC indicate that the funds would be used to compensate 3,458 class members, cover legal fees and administrative expenses, and provide a $20,000 honourarium to Lewis as lead plaintiff.
The structure of the compensation is also noteworthy. According to CBC’s reporting, the payments are based on costs WestJet allegedly avoided by not operating a sufficiently robust anti‑harassment programme, rather than on direct compensation for the harms individual class members say they experienced.
Under the deal, WestJet would not admit liability. In its response to the lawsuit, the airline said that while it had prepared a strong defence, it agreed to settle “to avoid further expense, inconvenience and the distraction of protracted litigation,” adding that a full trial would consume significant court time and resources as well as substantial expense for both sides, according to the report.
In an affidavit filed with the court, Lewis outlines the personal strain of serving as lead plaintiff and informal point of contact for other women over several years. She says speaking with and supporting more than 100 former flight attendants took an “extreme physical and emotional toll.”
"The common denominator was definitely fear,” Lewis previously said. “They were afraid to say anything for fear of losing their jobs, which is really sad and just shows there's a bigger problem that needs to be addressed.”
Lewis states that giving space to women to talk about “some of the worst experiences that they have ever encountered” was extremely disruptive to her personal life. She says many of those she spoke with could not afford therapy or lacked a strong support network, and that, for some, she was the first person they had ever told about their experiences, CBC reported.
Lewis also notes that she had hoped the case might achieve more for the class, but decided to accept the settlement after consultations with her lawyers and the mediator.
Class members challenge payout, lack of safeguards
The proposal has been met with opposition from within the class, according to CBC. Court documents show eight class members have formally asked the B.C. Supreme Court not to approve the settlement.
Their concerns focus largely on the anticipated individual payouts. Once legal and administrative costs are deducted, objectors estimate that each woman would receive roughly $700 to $1,000. Several argue this is inadequate given the nature of their allegations and in comparison with other settlements, CBC noted.
One former flight attendant, Andréa Zimmerman, has called the proposed deal “an insult,” noting that WestJet recently agreed to pay $12.5 million in a separate settlement related to baggage fees. Other objectors point to sexual‑assault class actions in which class members reportedly received awards in the tens of thousands of dollars.
Zimmerman, who worked as a WestJet flight attendant between 2008 and 2022, told the court that two friends confided in her that they were sexually assaulted by the same pilot and that the company failed to properly address the allegations. As with the rest of the claims in the class action, these allegations have not been proven in court.
Beyond the dollar figures, Zimmerman has raised concerns that the draft agreement does not include measures to ensure WestJet maintains a workplace that feels safe for women. She has said she would like the airline to publicly acknowledge responsibility, implement a stronger reporting system and offer therapy for affected employees, and has warned that she believes many women will still be reluctant to report harassment.
Recent TalentLMS research found that while 71% of workers surveyed feel protected in their workplace, only 38% reported not witnessing any workplace misconduct or mistreatment in the past 12 months.
