- Update: A strike previously thought to be averted began Friday as WestJet maintenance crews took to the picket lines. Learn more.
A possible strike at WestJet could have caused chaos for hundreds of thousands of Canadians who booked a trip with the Calgary-based air carrier over the July long weekend, according to travel experts.
The union representing WestJet mechanics issued its second strike notice in as many weeks on Wednesday. It had set up a potential work stoppage to begin on Friday.
But Labour Minister Seamus O’Regan late Thursday ordered the Canada Industrial Relations Board (CIRB) to impose final binding arbitration “to resolve outstanding terms of the collective agreement.
The first strike notice was also averted last week when the two parties agreed to additional talks. Members of the Aircraft Mechanics Fraternal Association, which represents some 670 aircraft maintenance engineers and other skilled-trade positions at the carrier, rejected a tentative agreement on June 11, saying the airline did not offer sufficient compensation.
In advance of the new Friday strike deadline, WestJet has cancelled some 25 flights between June 27 and 28. In a similar move last week, some 40 flights were nixed ahead of the previous deadline.
Roughly 3,300 customers had their flight plans disrupted in the latest round of cancellations. WestJet says some 250,000 travellers are currently booked to fly with the airline over the July long weekend.
The situation heading into the Canada Day holiday might ring familiar to some travellers who experienced similar uncertainty with WestJet last year. Ahead of the May long weekend in 2023, WestJet pilots were poised to strike until a deal was reached at the eleventh hour.
Martin Firestone, president of Travel Secure Inc., told Global News earlier in the day on Thursday that with Canadians primed for vacations to kick off the summer travel season, a possible strike would have “scattered” travellers.
What are my rights if my flight is cancelled?
Reimbursements and compensation for flight cancellations and delays are covered nationally by the Airline Passenger Protections Regulations (APPR).
How much a traveller is owed and the liability of the airline is based on whether the reason for a flight was outside the carrier’s control, explained Sylvie De Bellefeuille, director of legal services at Montreal-based consumer rights group Option consommateurs.
A labour dispute that grounds an airline’s planes usually falls under the category of cancellations outside a carrier’s control, she told Global News.
“Which means that’s the one where it’s the lowest level of liability for the airline. So the one where I would say the level of rights of consumers or passengers is lower, unfortunately,” she said.
In this case, an airline must offer to rebook a traveller within the next 48 hours on the next available flight, which De Bellefeuille added could be on another airline if there are no WestJet flights taking off in that period.
A traveller is entitled to reimbursement if the flight can’t be rebooked within that 48-hour period, she said.
This is a “gap” in the current regulations, De Bellefeuille said. Two days is a long time to delay a traveller’s itinerary, and could mean missing the departure of a cruise or a loved one’s wedding scheduled in those 48 hours.
A passenger feeling antsy about their flight possible being scrapped could cancel their own airfare, but unless they purchased the usually more-expensive refundable ticket, De Bellefeuille said they won’t be entitled to a refund from WestJet.
What about travel insurance?
It was also likely too late to buy travel insurance, Firestone said.
He explains that the looming strike was a “known cause,” meaning insurance for trip cancellation or interruption now won’t work for a possible claim if a flight is cancelled within that window.
“The horse is out of the stable,” Firestone said.
If those insurance packages were purchased before the strike notice was given, such as last week, it would be viable and apply to cancelled flights on the weekend, Firestone noted.
If a trip was purchased on a credit card, there might be some coverage for trip cancellation and interruption depending on the card and plan an individual has. But Firestone said this is typically not comprehensive coverage.
If an airline cancels a flight and reimburses travellers after the 48-hour period, that payment will only cover the cost of the airfare, Firestone noted. Unless a traveller has more fulsome insurance coverage for the entirety of the trip, they’ll be out of luck for other costs like accommodations and other bookings, because the airline’s only responsibility is the travel portion of the trip.
“What about the non-refundable Airbnb I rented in Italy, or the non-refundable tour guide and all that? None of that is going to get paid by WestJet,” Firestone said.
“Getting the money back for your airfare is the least of your problems, quite frankly.”
Firestone noted that interruption insurance would be critical for Canadians who are already out of the country and were planning to fly back this weekend but may need to pay for an extra few days of hotel stays at their destination, for instance.
Should I buy another flight?
Anxious travellers could have taken a risk by booking a back-up flight of sorts ahead of a possible cancellation by WestJet.
Firestone said that could end up with a traveller on the hook for two sets of airfare.
“It’s truly rolling the dice. And I think it’s just going to put everybody in a terrible position,” he said.
An Air Canada spokesperson told Global News that seats on its flights this coming weekend might be scarce for last-minute bookings.
“We are entering the peak summer travel period and our aircrafts are fully committed and already quite full, therefore we have limited additional capacity,” a spokesperson said via email.
Global News has reached out to Flair Airlines about any contingency plans the carrier might have in place, as the carrier added extra flights to its schedule ahead of WestJet’s near-strike in May 2023.
A spokesperson said Flair is “monitoring the situation closely” and will “help out” if it can.
“As this is the busiest weekend of the year, we have a full schedule of flights already,” the spokesperson said via email. “We will always look to rescue customers if we can, but right now we are focused on safely and efficiently transporting the customers who have already booked and trusted us with their business.”
Porter Airlines said meanwhile it is operating its normal schedule across Canada this weekend with no additional measures taken to boost capacity.
A strike that grounds WestJet planes would have caused havoc at airports this weekend as desperate travellers vied for the few seats on competitor airlines, Firestone says.
— with files from Global News’s Saba Aziz and Ken MacGillivray