VANCOUVER — A former WestJet pilot is suing the company for wrongful dismissal and defamation, alleging it falsely accused him of calling in a series of bomb threats last summer.
Keith Kippen filed a civil lawsuit in B.C. Supreme Court last week alleging WestJet fired him while he was on disability leave battling depression. A day after he was fired, WestJet began receiving a series of five bomb threats that were all later determined to be hoaxes.
A few weeks later, Kippen, a 48-year-old Surrey resident, was arrested in Ontario, questioned by Ontario Provincial Police officers, and had his home searched, the suit claims. He was released with no charges, it says.
In a statement of response, the company denies it had a role in Kippen’s arrest and claims that Kippen was insubordinate. WestJet cites unresolved allegations of theft, contrary to the company’s anti-fraud code of business conduct.
“He’d been on disability leave for depression for three years. He can’t fly. I believe they don’t want to pay people on disability,” he said, adding that while this is speculation he believes the real reason Kippen was fired will be revealed at trial.
According to the suit, Kippen was diagnosed with a mental health illness in 2012 and went on long-term disability leave in 2014, but was cut off from medical benefits in May 2015.
The suit claims he tried to return to work, but his condition continued and it was determined by doctors that he was not fit to fly. When his condition improved, and he was cleared by Transport Canada to return to work, he said his depression and anxiety returned and he feared it was not safe to fly.
Kippen, reached at home on Wednesday, said he didn’t want to discuss the details because the case is now before the courts, but said after filing the suit he felt a”great weight had been lifted.” Kippen said his depression crept up on him slowly, worsening until it was debilitating.
“It’s terrible, and if you don’t seek proper treatment, it can ruin your life,” he said.
Smith said his client was committed to hospital last summer at the London Health Sciences Centre, where he was put on suicide watch, but during that time the company fired him for failing to attend a meeting with WestJet to talk about unrelated allegations of fraud.
Smith added that Kippen’s psychiatrist had ordered that he could not attend the meeting on June 9, 2015. WestJet claims it did not receive any of the medical documentation required from Kippen about his stay at the London, Ont. hospital.
In its response to the civil claim, WestJet said that during his medical leave, Kippen was often deficient in maintaining the necessary communication with Transport Canada and WestJet’s Health and Wellness unit about his illness.
It also claims WestJet received a complaint from a member of the public, who alleged Kippen was involved in insurance fraud, and other allegations from three fellow WestJet pilots that Kippen owed them thousands of dollars over property deals that had folded.
WestJet says it is justified in terminating Kippen’s employment because he “was insubordinate in disobeying WestJet’s direction” to attend a meeting to discuss the allegations and because he breached WestJet’s anti-fraud policy.
He was fired June 26, 2015.
The next day, WestJet says it received a bomb threat that was called into Ontario’s Kincardine Airport. The person who called in the threat used a computer-based voice disguiser to modify his or her voice.
WestJet claims it is unaware of any arrests relating to the bomb threat or any of the other four bomb threats made against WestJet in late June and early July 2015.
The company says any communication made to the Ontario police concerning the bomb threats “were made without malice and in good faith for an honest and well-motivated reason.”
“WestJet was under a legal, social and/or moral duty to provide information to the police to assist with the bomb threat investigation.”
Smith said his client denies he made any bomb threats, saying “that is the last thing in the world he would want to do.” Kippen is seeking damages for wrongful dismissal and defamation.
None of the allegations has been proven in court.