The B.C. Supreme Court has approved a $4.5 million settlement in Lewis v. WestJet Airlines Ltd., a class action alleging that an employer’s anti-harassment commitments formed part of its employees’ contracts.
What happened?
The class action, brought on behalf of approximately 3,450 current and former WestJet flight attendants, alleged that WestJet promised a harassment-free workplace and breached employment contracts by failing to maintain an adequate anti-harassment program. The program itself provided for appropriate training, safe reporting channels, proper investigations and meaningful responses to complaints. The settlement, approved in August 2026, includes no admission of liability, and the allegations were never decided at trial. WestJet must, however, retain an independent third party to assess harassment and the effectiveness of its reporting and response systems.
Why this matters for employers
In a novel approach to the consideration of employment agreements, the court has potentially “opened the door” to claims against employers, in contract, where employers have made certain commitments in their policies (i.e. harassment policies) and failed, in a systematic way, to satisfy these commitments.
In the WestJet case, the focus was on whether WestJet had breached its contractual duty to maintain a workplace free of harassing and bullying behaviour.
Key Takeaways
Employers should ensure they review their policy commitments and audit their satisfaction of these commitments on a periodic basis.
If you would like to discuss any of the above or need any other assistance, please don’t hesitate to reach out to speak to an e2r® Advisor.