A Canada Labour Code arbitrator has ordered WestJet to suspend its new policy that would bar pilots aged 65 and over from flying, pending a full hearing set for August 2026. The interim ruling, issued late on 28 January, means 44 senior aviators who would have been grounded this month can continue operating domestic flights.
WestJet had argued the age-cap was necessary because International Civil Aviation Organization (ICAO) rules prevent pilots over 65 from operating in U.S. airspace—a major component of its network. The Air Line Pilots Association (ALPA) countered that the unilateral change breached the collective agreement and violated the Canadian Human Rights Act by discriminating on the basis of age.
![Arbitrator stops WestJet from enforcing pilot age-cap while grievance proceeds]()
The arbitrator acknowledged WestJet could face higher operational costs—estimated at CA$272,000 over 12 months—due to less-efficient routing, but concluded the potential harm to pilots outweighed the airline’s financial hit. The decision preserves employment status until the grievance is resolved and signals that carriers must negotiate, not impose, age-related policies.
For global-mobility leaders the case illustrates the complex interplay between international safety regulations and domestic labour law. Organisations moving flight crews across borders should anticipate that age-based restrictions may differ by jurisdiction and require careful collective-bargaining alignment.
If ALPA ultimately prevails, WestJet may need to redesign schedules or add reserve pilots under 65 for U.S. sectors, potentially affecting capacity planning ahead of the busy summer 2026 season.
WestJet had argued the age-cap was necessary because International Civil Aviation Organization (ICAO) rules prevent pilots over 65 from operating in U.S. airspace—a major component of its network. The Air Line Pilots Association (ALPA) countered that the unilateral change breached the collective agreement and violated the Canadian Human Rights Act by discriminating on the basis of age.
The arbitrator acknowledged WestJet could face higher operational costs—estimated at CA$272,000 over 12 months—due to less-efficient routing, but concluded the potential harm to pilots outweighed the airline’s financial hit. The decision preserves employment status until the grievance is resolved and signals that carriers must negotiate, not impose, age-related policies.
For global-mobility leaders the case illustrates the complex interplay between international safety regulations and domestic labour law. Organisations moving flight crews across borders should anticipate that age-based restrictions may differ by jurisdiction and require careful collective-bargaining alignment.
If ALPA ultimately prevails, WestJet may need to redesign schedules or add reserve pilots under 65 for U.S. sectors, potentially affecting capacity planning ahead of the busy summer 2026 season.
Source: Yahoo News Canada
