B.C. Court Temporarily Stalls WestJet Flight Attendant Settlement Over Review Time Concerns
A proposed $4.5 million class-action settlement for approximately 3,500 WestJet female flight attendants has been temporarily halted by a British Columbia Supreme Court judge. Justice Jacqueline Hughes intervened, expressing concern that class members were given only three days to review the agreement before deciding whether to accept it, rather than the standard 30-day period.
Details of the Proposed Settlement
Under the negotiated terms, WestJet would pay $4.5 million to class members without admitting any liability for the allegations. The lawsuit, which covers the period from April 4, 2016, to February 28, 2021, claims that WestJet breached its contract by failing to implement and maintain an adequate anti-harassment program.
Justice Hughes raised several critical issues during the proceedings. She questioned the effectiveness of the settlement's behavior modification aspects, particularly regarding third-party oversight of WestJet's anti-harassment policies. "I'm not certain how effective what's proposed here will be in terms of behavior modification," Hughes stated, emphasizing concerns about accountability.
Key Concerns and Objections
An unofficial version of the settlement was emailed to current and former flight attendants on January 16, but it notably omitted the clause releasing WestJet from liability. This omission became a focal point for attendants who objected to the terms. Additionally, Justice Hughes sought clarity on whether WestJet employees, such as pilots, could still face individual lawsuits for sexual harassment under the agreement.
The judge also referenced WestJet's previous handling of the case, noting that in December 2024, she ruled the airline had been "slow and potentially adversarial" regarding document production. While WestJet provided 24 harassment complaints, internal statistics suggested there were significantly more during the relevant period, leading to an order for full disclosure.
Background and Timeline
The class action originated from a 2016 lawsuit filed by a former flight attendant who alleged sexual assault by a pilot during a 2010 layover in Hawaii. It was certified as a class action in 2022 after more women came forward with similar claims. The parties negotiated the current settlement through mediation in December 2025.
Class members now have until March 23, 2026, to review the agreement and file objections, with a follow-up court date set for May 7, 2026. This extension aims to ensure adequate consideration of the settlement's implications, balancing compensation with accountability in workplace harassment cases.
