WestJet Class Action: A Costly Lesson in Workplace Harassment
What is the WestJet class-action case about?
There is an ongoing class-action case in the Supreme Court of British Columbia regarding WestJet’s failure to implement a promised anti-harassment program. It is alleged that WestJet saved money by not taking action to enforce its anti-harassment policies.
The fact that this was certified as a class-action is interesting. Usually in human rights complaints, only those who actually suffered discrimination, such as through harassment, would have compensable damages. But this wasn’t just individualized acts of harassment; flight attendants had an “Anti-Harassment Promise” provision in their employment contracts. This was a breach of contract affecting an entire class of individuals, namely female flight attendants.
This serves as a useful reminder that employers have various duties regarding harassment and sexual harassment, whether or not they are explicitly laid out in the employment contract. These must be proactive as it is not enough to just react to incidents in the workplace.
What are an employer’s duties regarding workplace harassment?
Any employer that is subject to the Occupational Health and Safety Act (“OHSA”) must have policies relating to workplace harassment, which have to be reviewed at least once a year. As well, they must have workplace harassment programs that include measures and procedures for reporting incidents, how incidents or complaints will be dealt with, explaining the rules around disclosure of information obtained regarding a complaint or incident, and how certain workers will be informed of investigation results and of any corrective action taken.
While the WestJet case is being tried in British Columbia and involves the written employment contract, similar principles apply with the regulations in OHSA. It is not enough to have proper rules on the books without taking steps to enforce them.
Employers are obligated to conduct investigations into incidents and complaints of workplace harassment. This statutory duty is regardless of whether a victim is reluctant to report or complain about an incident.
Both the individual who allegedly suffered harassment and the alleged harasser are entitled to receive in writing the results of the investigation, as well as of any corrective action that will take place as a result.
Depending on the size and type of your workplace, there might be a joint health and safety representatives or a joint health and safety committee. These representatives and committees have certain rights and obligations relating to the employer’s duties to keep the workplace free from harassment of all kinds. Sometimes, however, issues are not taken seriously enough even here, and outside legal help might be required to obtain recourse.
How can an employment lawyer help with workplace harassment claims?
Everybody deserves to work in an environment free of harassment, sexual and otherwise. Your employer is obligated to take both proactive steps to prevent such incidents, and to respond appropriately when it does happen. An experienced employment lawyer can assess your situation, the strength of any potential claim of harassment, and help you realize any potential entitlements you may have as a result. If you need to discuss workplace harassment, please contact Whitten & Lublin online or by phone at (416) 640-2667 today.
Author – Sohrab Naderi