ABSTRACT
Several class actions have been filed in recent years regarding alleged workplace bullying and harassment. These actions typically seek a global award of compensatory damages. The Lewis v WestJet class action is novel in that it seeks disgorgement of monies saved by the employer in failing to adhere to its contractual obligation to maintain a safe and healthy workplace, free of harassment and bullying. If this action succeeds, it could significantly change the current legal landscape by delineating a separate gains-based remedy for victims of workplace bullying and harassment, as well as providing a remedy for employees who never were individually bullied or harassed, but were nonetheless denied a contractually guaranteed harassment-free workplace.
Kenneth Wm Thornicroft, Class Actions, Employment Contracts and Remedying Hostile Workplaces – Lewis v WestJet Airlines Ltd, 2022 BCCA 145, (2022) 100(3) Canadian Bar Review 497. Published 19 December 2022.
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