Federal Court Reverses Decision in WestJet Workplace Harassment Case
The Federal Court of Appeal has overturned a previous ruling that had reinstated a long-time WestJet Airlines employee who was terminated for making what female colleagues described as "cringe-worthy" and inappropriate comments in the workplace. The court found that the Canada Industrial Relations Board's decision, which had determined the man's behavior did not constitute sexual harassment, was unreasonable.
Background of the Controversial Case
The case involves a former WestJet pilot who had been employed by the Calgary-based airline for 23 years in various capacities, most recently as an office advisor. He was dismissed in 2021 following an internal investigation into harassment complaints filed by female coworkers. The employee subsequently challenged his termination through the Canada Industrial Relations Board, which ruled in his favor in 2023, ordering WestJet to provide restitution.
WestJet appealed this decision to the Federal Court of Appeal, which has now sided with the airline, giving them another opportunity to pursue dismissal with cause without financial compensation to the former employee.
Details of the Inappropriate Conduct
During the CIRB hearing, WestJet presented evidence from six witnesses, including three female employees who detailed the man's behavior over more than a decade. The complaints centered on five main areas of concern:
- He solicited information from female colleagues about their sexual development
- He asked intrusive questions about the sexual development of their daughters
- He made inappropriate comments of a sexual nature to coworkers
- He shared excessive details about intimate family matters
- He made remarks about female colleagues' bodies and clothing
One complainant testified that the employee had mentioned her breasts and how her clothes fit on at least two occasions, and had inquired about her daughter's menstruation. Another disturbing account involved him describing one of his own daughters wearing a bra and tight leggings, commenting on her breast development and stating: "from behind she looks like a 25-year-old. She's so womanly now, yet still a child."
Workplace Impact and Legal Implications
Female colleagues characterized his repeated comments and questions as having an "ick factor" that made them uncomfortable in the workplace. They described the behavior as tone-deaf, inappropriate, and "creeping them out." WestJet maintained that his conduct violated multiple company policies and constituted sexual harassment.
The Federal Court of Appeal's decision represents a significant development in Canadian workplace harassment jurisprudence. By overturning the CIRB's ruling, the court has reinforced the standards for what constitutes inappropriate workplace behavior and sexual harassment. The case highlights the ongoing challenges employers face in addressing complex interpersonal dynamics while maintaining safe, professional work environments.
This ruling comes at a time when workplace conduct standards are receiving increased scrutiny across Canadian industries. The decision provides clearer guidance on the boundaries of acceptable workplace interactions and reinforces employers' rights to take decisive action against behavior that creates hostile work environments.
