FORMER FLIGHT ATTENDANT SUES WESTJET Alleges airline protected pilot who sexually assaulted her

Posted on 03/04/2016

A former flight attendant has launched a lawsuit against WestJet, accusing the airline of failing to take proper action after she reported an alleged sexual assault by a pilot. Rather than firing the pilot, flight attendant Mandalena "Mandy" Lewis alleges WestJet protected him and fired her.

Lewis's lawyer, Sean Hern, says his client has consented to her name being made public.In a civil claim filed in B.C. Supreme Court, the Vancouver resident alleges the incident occurred during a layover in Hawaii on a Vancouver-to-Maui run on Jan. 24, 2010 when the pilots and crew were staying at the Makena Beach Resort in Maui. Lewis accepted an invitation to have drinks in the pilot’s room; (identified only as Pilot M) where she alleges the pilot pulled her onto a hotel bed and proceeded to kiss and grope her.When Lewis returned to Vancouver she reported the assault to her manager at WestJet but claims the airline "failed to adequately investigate or respond."Lewis went to the RCMP who contacted the Maui police who opened an investigation and assigned a prosecutor. Lewis says WestJet changed her work schedule to avoid overlap with the pilot and instructed her to keep quiet about the alleged incident out of respect for his privacy. It also left her with fewer working hours.The airline also advised her that it suspended Pilot M’s ‘extended operations’ privileges saying that he was no longer allowed to fly to Hawaii.  Lewis claims that protected him from an arrest in Maui.A meeting with another flight attendant revealed that a second woman had claimed to be assaulted by Pilot M in 2008.Lewis’ suit alleges, "For the plaintiff, this information meant that WestJet's failure to properly investigate and respond to the 2008 complainant's report of sexual assault ... resulted in Pilot M being at liberty to assault others. The significance to the plaintiff ... is that it showed WestJet knew at least by 2008 that the pilot was a danger to other employees." Last December Lewis went on short term disability leave and tried to find out the steps the airline took in response to her complaint. In an email dated January 12 she used a swear word.She was terminated that day for cause due to 'insubordination.'In a statement to CBC News, WestJet spokesperson Lauren Stewart said, "WestJet does not comment on ongoing legal proceeding but confirms it will file a statement of defense in which it will vigorously defend (itself from) the allegations contained in the claim.”The statement also said WestJet, “confirms its commitment to maintaining a safe and harassment-free environment for its employees and guests and takes its obligation in this respect with the utmost seriousness."None of the allegations have been proven in court and WestJet has not filed a statement of defence.