PPRuNe Forums - View Single Post - Westjet F/A Sues over Sexual Harassment by Pilot
Old 28th Mar 2016, 15:43
  #46 (permalink)  
rotornut
 
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It looks like Ms. Lewis' claim is in serious trouble according to WJ's defence (Response to Civil Claim). First of all, the fact that she was issued formal disciplines on 8 occasions plus her e-mail in January 2016 constituting "gross insubordination" certainly gave WJ grounds for termination with cause, if you believe WJ. The alleged assault occurred while she and M were off duty outside the scope of their employment therefore there is no cause of action against the company. Her claims for breach of contract and negligence were brought well beyond the limitation period under the Limitation Act. There are a few more good defences to her claim according to WJ's Response. Therefore I suspect she may withdraw her claim before she gets in too deep financially. If she decides to proceed she will have to pay for examination for discovery of certain WJ people as well as her lawyer when she is discovered. WJ could move for summary judgement and if she were to lose she would most likely be liable for its costs. So I think she will have to realistically consider her position before her or WJ's next move.
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