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Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Court Of Appeal Certifies WestJet Sexual Harassment Class Action

In Lewis v. WestJet Airlines Ltd.1, the British Columbia Court of Appeal certified a class action concerning the alleged workplace sexual harassment of female flight attendants at WestJet Airlines. The decision reversed a 2021 Supreme Court of British Columbia decision declining certification2.

The Supreme Court of British Columbia was prepared to certify the plaintiff's claim for breach of contract as a common issue but declined certification on the basis that the claim failed the preferable procedural criterion. The certification judge held that the action was better suited for the Canadian Human Rights Tribunal (CHRT). Our summary of the case and analysis of the Supreme Court of British Columbia decision can be found  here.

The Court of Appeal determined that the certification judge's preferability analysis failed to consider all of the factors under section 4(2) of British Columbia's Class Proceedings Act (CPA)3 and that a class action was in fact the preferable procedure for...

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