Class-action lawsuit filed against WestJet over strike notice flight cancellations
If you were affected by the WestJet flight cancellations during the two strike notices in June, you could be a part of a class-action lawsuit.
Plaintiff Alexandra Fox filed a notice of civil claim against the airline with the Supreme Court of British Columbia on August 12.
According to Evolink Law, the firm representing Fox, the class action claims that “WestJet’s flight cancellations during the two strike notices issued by the Aircraft Mechanics Fraternal Association (AMFA) June 17-20, 2024 and June 25-28, 2024 were cancellations within WestJet’s control.”
It seeks standardized compensation for inconvenience, reimbursement of all out-of-pocket expenses for the cancellations, and/or full refund for those that did not travel, according to a news release on the law firm’s site.
WestJet flights preemptively cancelled and strikes averted
To recap, on June 19, WestJet announced that it had started cancelling and consolidating flights, anticipating possible job action from its aircraft maintenance engineers and other tech ops employees after AMFA issued a strike notice on June 17.
The strike was averted on June 20 after a decision from the Canadian Industrial Relations Board (CIRB) prompted AMFA to revoke its strike authorization.
However, it was too late because WestJet had preemptively cancelled around 31 flights, affecting approximately 6,500 passengers.
Later that month, on June 26, the carrier initiated more preemptive flight cancellations after receiving a second strike notice from its unionized mechanics.
Around 3,300 passengers were affected by 25 flight cancellations spanning Thursday, June 27, to Friday, June 28.
The AMFA strike actually commenced on June 28 at 7:30 pm ET. It forced WestJet to abruptly cancel over 150 flights on June 29, impacting 20,000 passengers at the start of the busy Canada Day long weekend.
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Fox was caught in the crossfires of these preemptive flight cancellations amid strike notices.
According to court documents, she had a return flight to Vancouver from Calgary on WestJet.
On the evening of June 18, she was informed by email that her flight to Vancouver was cancelled and that she was rebooked on the next available flight in the early morning of June 20. She preferred an afternoon flight, so she switched to a 1 pm takeoff on June 20.
“As compared to her original flight, this new flight would have resulted in a delay of more than 9 hours,” reads the filing.
On June 22, Fox submitted a claim with the Air Passenger Protection Regulations (APPR) seeking the $1,000 standard compensation for inconvenience and reimbursement of out-of-pocket losses due to the delay. The court filing says she had lost one day’s worth of wages due to the delay.
On July 5, WestJet rejected Fox’s claim on the basis that “the most significant reason for your flight interruption was due to a strike or work stoppage and outside of WestJet’s control,” according to the court documents.
As recounted earlier, the strike was averted on June 20.
“On July 20, 2024, the plaintiff responded to WestJet’s email indicating that there was
no actual strike on the day of her flight. WestJet did not respond,” reads the filing.
What constitutes as “outside of the carrier’s control”
WestJet responded to the class action in an email statement to Daily Hive, citing the APPR’s policy that says carriers are only obligated to compensate or assist passengers when disruptions are “within airline control.”
“The courts have held that the declaration of a strike marks the onset of a labour disruption. Therefore, flights disrupted due to a declaration of a strike and the strike itself are considered outside of a carrier’s control under the APPR,” explained the spokesperson.
However, Fox argues that the cancellations are the airline’s business decisions to save costs, and are therefore within its control.
“At the heart of this class action is a legal question of whether flight cancellations
initiated by WestJet after receiving a strike notice, but before any work stoppage,
would constitute a situation outside of the air carrier’s control under the [APPR],” reads the class action.
The APPR specifies that “labour disruptions” are considered outside of airline control. Air passenger rights advocate Gabor Lukas concurs with the plaintiff’s argument, adding that “a labour disruption starts only when the strike starts — not during the 72-hour notice period.”
Could you be a part of this proposed class action?
According to Evolink Law, anyone residing anywhere in the world who had a confirmed reservation on a WestJet operated flight scheduled to depart between June 17-20, 2024 or June 25-28, 2024 that was cancelled can be a proposed class member.
This includes, but isn’t limited to, flights that either:
- Were cancelled, in whole or in part, to the first notice or the second notice
- WestJet represented to any passenger of the cancelled flight that it was cancelled due to strike, lockout, work stoppage, and/or labour disruption
It stressed that the class action only covers passengers whose cancelled flight was before the actual strike. So, if your cancelled flight was during the strike, you cannot be a proposed class member.
However, this Canadian family’s experience shows that you still may be eligible for compensation of any out-of-pocket losses.
For more information on the proposed class-action lawsuit, click here.