Former WestJet pilot sues over bomb threat allegations

[Lakelad]

.

Former WestJet pilot sues over bomb threat allegations

Airline claims Keith Kippen was accused of fraud and failing to repay loans to fellow pilots

Wed May 18, 2016 - CBC News                                                                                                                                                                                                                  By Jason Proctor

A series of bomb threats targeting WestJet last summer is part of a B.C. Supreme Court legal battle between the airline and one of its former pilots.

Keith Kippen is suing WestJet for wrongful dismissal and defamation.

In a notice of civil claim, the 48-year-old says he was arrested by the Ontario Provincial Police, his property was searched and his computer was seized after WestJet "maliciously communicated" that he was "the caller who had made the bomb threats."

Kippen claims he was fired on June 26, 2015, for "insubordination" after missing a meeting he said he couldn't attend because of a mental health crisis. The first of five bomb threats happened the next day.

In its response, WestJet says Kippen was called to a "mandatory" meeting to discuss allegations of fraud by a member of the public and claims by three fellow pilots who allegedly lost thousands after lending Kippen money.

The airline says the pilot was told he would be abandoning his employment if he didn't show up.

WestJet denies having told police it believed Kippen was the caller.

After he was fired, the airline claims, investigators obtained a production order for Kippen's employment records in relation to the bomb threats.

"Communications made to the police concerning the bomb threats were made without malice and in good faith for an honest and well-motivated reason," WestJet's response says.

"WestJet was under a legal, social and/or moral duty to provide information to the police to assist with the bomb threat investigation."

A spokesperson for the OPP says there have been no criminal charges in connection with the investigation.

'Computer disguised voice'

Both Kippen's claim and WestJet's response were filed last week in Chilliwack Supreme Court. Although many of the alleged events are said to have occurred in Ontario, Kippen has an address in B.C.

In a telephone interview, the pilot said he had nothing to do with the bomb threats.

The five calls happened between June 27 and July 2, 2015. At the time, then Transport Minister Lisa Raitt said those responsible would "face the full force of the law."

"Each of these threats were ultimately determined to be a hoax," Kippen's claim says. "The bomb threat calls were unidentifiable to WestJet, being in a computer-disguised voice encrypting sounds and gender."

Kippen claims he was diagnosed with depression and anxiety in February 2012 and spent time on both short-term and long-term disability.

In the month before he was fired, Kippen claims WestJet told him he was required to attend meetings to discuss "past business practices" and "claims of theft." But Kippen says he wasn't provided any particulars.

Ahead of the mandatory meeting set for June 26, 2015, Kippen claims he was involuntarily committed to hospital for an emergency psychiatric assessment.

'The response also details allegations involving three WestJet pilots including one who said he lost $180,000 in a business deal with Kippen and another who obtained a judgment against him for $15,865.05.'

.

 

[Seeker]

Quite a mess.  I remember thinking back when all those threats were being made that maybe it was a disgruntled employee.  Of course could be a dissatified vengeneful guest too.

[anonymous]

Wow....makes the CEO's comments about making it uncomfortable for disgruntled employees rather prescient or an admission of how HR rolls at WJ...

[CAT3DUAL]

I rather suspect it's how their HR department roll, culture of fear, nothing focuses the mind and the masses, then a firing squad at dawn.  You don't see the usaul suspects showing up to tell us that we don't get it, on the contrary we do get it.  Just what is the pilots union doing to help this guy get fair representation, OH YEA! you don't have one.  You can say a lot about ACPA these days, at least we have a legal department that knows how to deal with this kind of stuff, they have years of experience at it.

[John S.]

"Keith Kippen is suing WestJet for wrongful dismissal and defamation."

Is there any news of what damages Keith Kippen is seeking?

It would seem that re-employment as a pilot would a hard goal to achieve and WestJet is not known to throw money at a problem to make it go away. All round a tough situation.

[Airband]

Excerpt from Kippen Claim:

Quote

Defamatory Words

59.     Between June 27, 2015 and July 2, 2015, WestJet received five different calls
reporting bomb threats. Each of these threats were ultimately determined to be a hoax.

60.     The bomb threat calls were unidentifiable to WestJet, being in a computer
disguised voice encrypting sounds and gender.

61.     On or before July 14, 2015, notwithstanding the unidentified source of the bomb
threats, WestJet maliciously communicated to the Ontario Provincial Police ("OPP"), that Kippen was, or that it believed Kippen to be, the caller who had made the bomb threats to WestJet between June 27 and July 3, 2015 (the "Defamatory Words").

62.     On July 14, 2015, while driving along the highway in southern Ontario, Kippen
was stopped by the OPP. The OPP officer demanded that Kippen get out of his vehicle, slammed Kippen forcibly into the back of his SUV, and detained him. The officer also searched Kippen's car and seized certain items.

63.     While Kippen was detained at the London detachment of the OPP they then
asked him questions about his alleged involvement in the recent bomb threats against WestJet. Kippen stated that he was not involved in any bomb threat. Kippen was advised by the investigator that WestJet had said he was the bomb threat caller. Audio recordings of the calls in question subsequently
demonstrated that there was no evidence that Kippen was the caller, and Kippen was released.

64.     The evidence held by WestJet of the five bomb threats were tape recordings. No person hearing those tapes could possibly identify the recorded voice.

65.     Also on July 14, 2015, while Kippen was detained, the OPP executed a search warrant on a property owned by Kippen in Strathroy, Ontario. In the course of that search the OPP seized several items belonging to Kippen, including his personal computer, his personal cell phone, his old WestJet ID badge, and his aviation licence. Other items were seized from Kippen's car at the time of his arrest.

66.     These Defamatory Words, in their natural and ordinary meaning, and by innuendo, meant and were understood to mean, that Kippen had called in bomb threats against WestJet, and was believed to have committed a serious indictable offense, an offense of moral turpitude.

67.     The Defamatory Words, and the innuendo arising from them, are false and were
maliciously published by WestJet knowing that they were false or with careless disregard as to whether they were true or not.

68.     As a result of the publication of the Defamatory Words, Kippen has been subjected to ridicule, hatred, contempt and embarrassment and has suffered
damages in being arrested/detained, interrogated and imprisoned and damage to his reputation, both personally and in the way of his professional calling. All
repetitions, republication and broadcasts of them had the same effect. This defamation was effectively defamation per se.

69.     As a result of all of the foregoing, Kippen has suffered and will continue to suffer damages for which the defendants are liable.

70.     As a result of the sudden and unfair, without legitimate cause firing of Kippen, his emotional condition was severely exacerbated such that he entertained suicidal thoughts, needed much more and much stronger medications, and experienced physical symptomology including significant weight loss, heart palpitations,
diarrhea and severe insomnia, and such other physical complaints as upon medical information will be advised.

KippenClaim.pdf

Excerpt from WJA Response to Claim:

Quote

First Incident

47. On or about June 10, 2014, Sonia Meikle of WestJet's Fraud Investigation unit received a call
from a woman who claimed that the Plaintiff was committing insurance fraud and had
cheated her out of monies.

48. On or about June 13, 2014, Deborah Melnik ("Melnik") of WestJet's Corporate Security
spoke to the complainant, Ms. Marilyn Cooper ("Cooper"}, by telephone. Cooper explained
that the Plaintiff had asked her to sublet his townhouse for $900 per month and to invest in
his new business. The Plaintiff had told her that he owned a lot of land in Alberta, which he
was selling, that he owned part of WestJet and that he was on medical leave from his
position as a pilot for WestJet.

49. Cooper agreed to sublet the Plaintiff's townhouse and to pay the Plaintiff $900 per month
for her portion of the rent. The Plaintiff agreed to pay $1,200 per month to the landlord,
which was the total rent for the townhouse. The Plaintiff did not comply with the agreement
and Cooper was informed by the landlord that the Plaintiff had not paid the rent.

50. Cooper also told Melnik that the Plaintiff continued to ask her for money to join his
company. She applied for and received two credit cards each with a $5,000 limit as well a
line of credit for $10,000. Based on the Plaintiff's representations, Cooper gave the Plaintiff
the credit card number for one of the cards, listed him as a holder of the other credit card,
and gave the Plaintiff $10,000 in a series of payments.

51. Cooper also told Melnik that, in the Spring of 2014, the police attended the townhouse in
search of a U-Haul rented by the Plaintiff. Ms. Cooper and her boyfriend, who used to work
at U-Haul, later saw the Plaintiff in possession of a repainted trailer that was identical to the
one sought by the police.

52. The Plaintiff then refused further communication with Cooper and stopped answering her
text messages.

53. As the Plaintiff had not paid the rent to the landlord, Cooper was provided with an eviction
notice by the landlord and was given three days to pay the unpaid rent, which the Plaintiff
had previously committed to pay. Cooper borrowed the money from her family to pay the
unpaid rent in order to remain in the townhouse.

KippenWJAResponse.pdf

[Moon The Loon]

17 hours ago, John S. said:

It would seem that re-employment as a pilot would a hard goal to achieve...

Is the GermanWings event such a distant memory?

Should not the focus be on this aspect of the story, given the known facts?

Just sayin'

[dagger]

2 hours ago, Moon The Loon said:

Is the GermanWings event such a distant memory?

Should not the focus be on this aspect of the story, given the known facts?

Just sayin'

That's what I was thinking when I got to your post. The mental health aspect is always concerning. Speaking generically, not about WestJet but all airlines, if you have hundreds or thousands of people flying aircraft, there are going to be some who go through periods of temporary or long-term insurmountable stress. It is paramount for an airline to have the hard (programs) and soft (cultural) procedures in place to recognize these situations, encourage people to come forward, treat the individuals with respect and if necessary remove them from duty until they are fit. Routine medicals are rarely enough to diagnose mental issues if the individual is working hard to suppress them for fear of being sidelined or fired. Even Lufthansa which is one of the world's most professional and respected airlines found that its procedures could be circumvented in the German Wings case, perhaps abetted by German disclosure laws and a laxity in the medical community about diligently communicating concerns about a patient's unfitness for duty. What is fair to ask of WestJet is whether they have the approach and the tools to deal with these cases in a manner that encourages pilots to come forward about themselves or peers, and then deals with situations fairly as opposed to causing unstable personnel to hide their symptoms out of fear for losing their livelihood. I have no idea about the answers to these questions, just that these questions should be asked of all airlines.

[DEFCON]

No argument with anything Dagger says, except the reference to hundreds of thousands. I stand to be corrected, but the number of practicing ATP's world wide is probably measured in tens, not hundreds of thousands.

Anyway, apart from the obviously troubled individual, modern medicine isn't close to being up to the task of diagnosis for many reasons, the most important arguably being a lack of appropriately qualified medical personnel.

Besides, events such as a sudden and explosive breakup in a personal relationship can lead the previously sane person to go off the deep end, a not so obvious, but dangerous situation the system will likely never be able to guard against. Personnel in other safety sensitive positions such as mechanics can have bad hair days too.

I think mass murderers are considered to be psycho, and or sociopathic, which is considered to be a mental disorder, meaning baggage handlers with an Islamic objective fit into the mental health risk model too.

As much as we may try to reduce our exposure to this form of danger, in the end it all comes down to managing as best as reasonably possible with the limited tools available.

    

 

[CanadaEH]

3 hours ago, dagger said:

That's what I was thinking when I got to your post. The mental health aspect is always concerning. Speaking generically, not about WestJet but all airlines, if you have hundreds or thousands of people flying aircraft, there are going to be some who go through periods of temporary or long-term insurmountable stress. It is paramount for an airline to have the hard (programs) and soft (cultural) procedures in place to recognize these situations, encourage people to come forward, treat the individuals with respect and if necessary remove them from duty until they are fit. Routine medicals are rarely enough to diagnose mental issues if the individual is working hard to suppress them for fear of being sidelined or fired. Even Lufthansa which is one of the world's most professional and respected airlines found that its procedures could be circumvented in the German Wings case, perhaps abetted by German disclosure laws and a laxity in the medical community about diligently communicating concerns about a patient's unfitness for duty. What is fair to ask of WestJet is whether they have the approach and the tools to deal with these cases in a manner that encourages pilots to come forward about themselves or peers, and then deals with situations fairly as opposed to causing unstable personnel to hide their symptoms out of fear for losing their livelihood. I have no idea about the answers to these questions, just that these questions should be asked of all airlines.

Are you speaking about pilots or would the same apply to, say, a McDonalds employee, journalist, or lawyer? 

[dagger]

8 minutes ago, CanadaEH said:

Are you speaking about pilots or would the same apply to, say, a McDonalds employee, journalist, or lawyer? 

What's a lawyer, going to do, crash his Mercedes into a crowd? Maybe, but lawyers do not hold the lives of dozens of people directly in their hands. Not physically. 

[CanadaEH]

I realize pilots hold a lot more responsibility given the position but when it comes to mental health the same programs should apply to all employees, no? 

[Moon The Loon]

1 hour ago, CanadaEH said:

I realize pilots hold a lot more responsibility given the position but when it comes to mental health the same programs should apply to all employees, no? 

Disagree strongly, if not vehemently! There are many programs in Canada for the disabled whether the disability is of a physical nature or a psychological nature. Take those programs away, you take away hope and increase the burdens on the rest of society.

Pilots, ship Captains and crewmembers, those who are given responsibility for in some instances 500 or more souls, should be, must be held to a higher accounting both physical and psychological.

Physically, we are. Canada, like so many other countries, lags far behind when dealing with psychological issues in the transportation sector.

[CanadaEH]

I think you may have misinterpreted what I was trying to say; I was not implying that we take away programs but rather utilize existing programs, processes, support, etc. for the benefit of all. 

[cp fa]

You both have valid points.  If your job is important enough to require a license, then that license should be revoked at the first sign of mental health issues.  And resources for mental health issues should be available to everyone, not just those with jobs that have great responsibility.

And having said that, I don't think a company should have the right to fire an employee who is on stress leave or struggling with mental health issues until those issues have been resolved.  Is that even legal?

[Moon The Loon]

1 hour ago, cp fa said:

You both have valid points.

Mine's on top of my head from time to time. CanadaEh: Your point taken! 

[dr1]

On May 19, 2016 at 9:46 AM, CAT3DUAL said:

I rather suspect it's how their HR department roll, culture of fear, nothing focuses the mind and the masses, then a firing squad at dawn.  You don't see the usaul suspects showing up to tell us that we don't get it, on the contrary we do get it.  Just what is the pilots union doing to help this guy get fair representation, OH YEA! you don't have one.  You can say a lot about ACPA these days, at least we have a legal department that knows how to deal with this kind of stuff, they have years of experience at it.

That is one steaming heap of crap right there. 

Since you don't know even half the story you'd be much better off keeping your opinions private. It will save you from looking really foolish when all is said and done.

[dr1]

16 hours ago, dagger said:

What is fair to ask of WestJet is whether they have the approach and the tools to deal with these cases in a manner that encourages pilots to come forward about themselves or peers, and then deals with situations fairly as opposed to causing unstable personnel to hide their symptoms out of fear for losing their livelihood. 

Yes, we do.

[AvExpress]

on the topic of mental health I can see eventually in some knee jerk reaction we'll all have to undergo pysc evals at our medicals... yay

[mo32a]

On ‎2016‎-‎05‎-‎20 at 10:45 AM, Moon The Loon said:

 

Physically, we are. Canada, like so many other countries, lags far behind when dealing with psychological issues in the transportation sector.

Lags far behind who or what?

[Seeker]

22 hours ago, dr1 said:

That is one steaming heap of crap right there. 

Since you don't know even half the story you'd be much better off keeping your opinions private. It will save you from looking really foolish when all is said and done.

Well it sure doesn't sound like there's much internal support for those who find themselves at odds with the "culture" for whatever reason.  Sounds like Saretsky is suggesting the exact opposite and it sounds like the staff at the meeting agree.

 

"There are WestJetters who don't contribute positively to the culture," said WestJet CEO Gregg Saretsky at one of the meetings. "We've read the stories on Westnet [WestJet's internal forum], we've seen their comments and we need to bring these people back into the fold. 

"And if we can't bring them back into the fold, we have to make it uncomfortable for them to stay here. They need to find their happiness elsewhere."

That comment was received with loud applause from hundreds of WestJet staff at the meeting, but it was also seen by some as a jab at unionization efforts at the airline.

[conehead]

5 hours ago, AvExpress said:

on the topic of mental health I can see eventually in some knee jerk reaction we'll all have to undergo pysc evals at our medicals... yay

Maybe that wouldn't be a bad thing?

[dr1]

6 hours ago, seeker said:

Well it sure doesn't sound like there's much internal support for those who find themselves at odds with the "culture" for whatever reason.  Sounds like Saretsky is suggesting the exact opposite and it sounds like the staff at the meeting agree.

All of which has absolutely nothing to do with the topic of this thread or my post. Unless of course you're trying to promote the fantasy that this individual was fired for not buying into the culture.

[Longranger]

The old adage "don't believe everything you read" is certainly true here in spades. It continually amazes me how little research journalists actually do to create a story.  If the whole story was public no one would give this person the time of day, and focusing on the headline of this story is going down the wrong rabbit hole...

[Longranger]

6 hours ago, seeker said:

Well it sure doesn't sound like there's much internal support for those who find themselves at odds with the "culture" for whatever reason.  Sounds like Saretsky is suggesting the exact opposite and it sounds like the staff at the meeting agree.

 

"There are WestJetters who don't contribute positively to the culture," said WestJet CEO Gregg Saretsky at one of the meetings. "We've read the stories on Westnet [WestJet's internal forum], we've seen their comments and we need to bring these people back into the fold. 

"And if we can't bring them back into the fold, we have to make it uncomfortable for them to stay here. They need to find their happiness elsewhere."

That comment was received with loud applause from hundreds of WestJet staff at the meeting, but it was also seen by some as a jab at unionization efforts at the airline.

What you are referring to here has absolutely nothing to do with what really went on in this particular situation , and once it all comes out it will be very clear as to what transpired, and is nothing like what the media is reporting.