In a significant development for Canada's aviation industry, WestJet has been ordered to temporarily suspend its controversial policy that would have grounded pilots aged 65 and older. The interim decision comes from Canada Labour Code arbitrator Mark Hart, who ruled that the airline must maintain the status quo until a full grievance hearing scheduled for August 2026.
Immediate Impact on Senior Pilots
The arbitration ruling provides immediate relief for 44 pilots who faced immediate job loss under WestJet's age-restricted flying policy. The airline had informed pilots on July 3 that those aged 65 and older would no longer be permitted to fly after October 31. Without the interim order, these experienced aviators would have lost their flying credentials that are notoriously difficult to regain once lapsed.
According to documents reviewed, approximately 200 more pilots would have been affected over the next five years if the policy had been implemented as planned. The decision allows senior pilots to continue flying domestic routes while the legal challenge proceeds through the proper channels.
Union Challenge and Airline's Position
The Air Line Pilots Association (ALPA) had filed a policy grievance in June, arguing that WestJet's age-based flying ban violated both the pilots' collective agreement and the Canadian Human Rights Act. The union simultaneously sought an interim order to freeze the policy pending arbitration, which arbitrator Hart granted after finding that ALPA had presented a serious case.
WestJet cited "operational and regulatory complexities" stemming from International Civil Aviation Organization (ICAO) rules as justification for their policy. ICAO regulations prohibit pilots over 65 from flying into U.S. airspace or using U.S. alternate airports, though WestJet had historically accommodated senior pilots by keeping them on domestic routes.
Capt. Bernie Lewall, chair of the WestJet Master Executive Council of ALPA, emphasized the human impact of the policy last month, noting it would affect "many of WestJet's long-term dedicated employees that helped build WestJet into the respected airline it is today."
Financial and Operational Considerations
The interim order does include some limitations, particularly regarding retraining costs. The decision excludes pilots who would require expensive retraining on Boeing 737 aircraft, with retraining for a group of 10 pilots estimated at nearly $1 million.
In his ruling, Hart found that ALPA had made "an arguable case that is neither frivolous nor vexatious" and determined that the balance of harms weighed in the pilots' favor. He cited not only the practical consequences of lost credentials but also the "professional and psychological impacts" for pilots being forced out of active flying.
WestJet responded to the ruling on Friday, stating the company "respects and is complying with the arbitrator's interim order." The temporary reprieve for senior pilots now sets the stage for a comprehensive hearing in 2026 that will determine the long-term fate of age-based flying restrictions at one of Canada's major airlines.
