Affected by WestJet's "preemptive" flight cancellations? Here's how much money you could get
If you’re a traveller who was impacted by WestJet cancellations due to the now-averted WestJet Aircraft Maintenance Engineers and Tech Ops employees strike earlier this week, you could be entitled to compensation.
As of midnight on Wednesday, WestJet announced that it began parking aircraft, resulting in dozens of cancellations that impacted around 6,500 customers.
WestJet said this action allowed for proactive communication with guests and crew to minimize the potential for being stranded. It also ensured the airline avoided abandoning aircraft at remote locations.
On Wednesday evening, the airline announced that labour action had been averted as it would be returning to the bargaining table.
While that may come as a relief to travellers who have upcoming flights, many customers were impacted by “preemptive” cancellations.
Daily Hive contacted air passenger rights advocate Gábor Lukács about what WestJet customers should know about their rights if their flight is cancelled.
“Preemptive” cancellations and passenger rights
Lukács noted that the “preemptive” cancellations this week were “in WestJet’s control and are not required for safety reasons.”
There was no strike, just the possibility of one; therefore, “there is no objective causal relationship between the strike notice and the cancellations,” he said.
“Passengers whose flights are cancelled always have the option to opt for a full refund in the original form of payment — regardless of the reasons for the cancellation,” added Lukács.
Markus Mainka/Shutterstock
However, there are important distinctions to make if you decide to claim additional compensation as per the Air Passenger Protection Regulations (APPR).
The APPR says its compensation is “a fixed amount based on the size of the airline and the length of the delay arriving at your final destination airport.” This compensation amount is different than the airline refund amount.
If you chose to cancel your flight for a refund, you may be eligible for $400 per passenger (on top of your refund) as per APPR section 19(2)(a) because the preemptive strike cancellations were considered within WestJet’s control and not required for safety reasons
However, if you decided to travel and were delayed at your destination due to a cancellation, you may be eligible for up to $1,000 per passenger (depending on the length of the delay). This amount is owed if you do not opt for a refund, Lukács noted.
WestJet is required to rebook affected passengers’ flights nine hours within their departure time. It also owes meals and accommodation under section 14 of the code.
If you were an impacted customer, Lukács said he would give WestJet “one chance” to rebook on a competing airline.
“I would record the call or interaction. If ignored or refused, I would buy a ticket on a competitor and then make WestJet pay for all the expenses plus the standard APPR compensation,” he advised.
It is crucial to note this is not official legal advice. If you are impacted by any WestJet delays or cancellations due to the possible strike, take time to carefully go through the APPR here.
If you decide to make a complaint for further compensation, you can use this form here.
Are WestJet customers out of the woods?
WestJet appeared before the Canadian Industrial Relations Board (CIRB) on Wednesday to discuss its request for arbitration and determine the next steps in the negotiations process between the airline and the Aircraft Maintenance Engineers and Tech Ops employees.
CIRB has told the airline that additional time and submissions from both parties are required before deciding whether or not collective bargaining should be resolved through arbitration.
The Aircraft Mechanics Fraternal Association (AMFA) said it issued the strike notice on June 17 after WestJet “refused to proceed with negotiations” scheduled for June 19 and 20 in Calgary.
According to the union, after CIRB’s decision, WestJet agreed to reverse its decision and set bargaining dates. This prompted AMFA to revoke its strike authorization.
A statement shared on Thursday notes, “AMFA will not initiate strike action while, in its determination, bargaining remains productive.”
Still, many WestJet customers whose flights were cancelled this week have taken to social media to express the inconvenience it has caused.
Some customers were worried about the possibility of the looming strike and decided to cancel their flights and rebook to avoid any possible disruptions.
I am just about done with your airline. Had to cancel and rebook an entire trip that departs on Sunday.
— PK (@OneEyedPeteAB) June 19, 2024
Great news but you said operations weren’t going to be effected but 40 flights were cancelled impacting 6500 passengers. Also this caused stress to those who planned their holidays well in advance. I rebooked with another airline yesterday at a higher cost due to this as well.
— Tony Banik (@tttrules) June 20, 2024
Another passenger said they had to cancel bookings, which led to a loss of more than US$5,000 because their flight was cancelled.
I had bookings for Banff and Lake Louise and your less than 32hrs cancellation notice leads to a loss in excess of USD 5000 on my bookings. WestJet should pay for the loss or stand to lose customers in the future.
— satya p (@satish_per) June 19, 2024
How have you been affected by these cancellations? Share your story with us via email at [email protected]. We might contact you for a future article.
With files from Isabelle Docto.
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