'Airlines that do a good job with attraction and retention do not need to turn to temporary foreign workers'
The union representing WestJet pilots has petitioned a federal judge to block the airline’s attempt to hire pilots through the Temporary Foreign Worker (TFW) Program.
The Air Line Pilots Association (ALPA) has asked the court to invalidate the federal government’s decision to issue temporary work permits to WestJet Encore, the airline’s regional subsidiary, according to a report from The Canadian Press (CP).
"Airlines that do a good job with attraction and retention do not need to turn to temporary foreign workers," ALPA Canada President Tim Perry said, according to the CP report.
"This application should never have been filed."
Perry said the union was not consulted prior to the employer pursuing the TFW Program.
Overall, WestJet requested about 60 permits for pilots from India and South Africa under the program, CP reported, citing the court document.
ALPA said that WestJet’s move could erode "safety margins" and undercut wage gains, according to the report.
Perry previously claimed that there is no lack of available talent in Canada to fill open pilot positions. The employer’s bid to hire through the TFW Program is brought about by WestJet management’s failure “to address the very real issue of career progression and job security for pilots within the company,” he said.
In its court filing, ALPA also claimed that the federal government drew "improper conclusions" in granting WestJet’s request for permission to hire foreign pilots, according to the CP report posted in CBC.
WestJet said it asked the government to assess whether temporary foreign workers are needed, according to the report. As part of the TFW Program application process, employers must get a positive Labour Market Impact Assessment (LMIA) outcome.
“A positive LMIA will show that there is a need for a foreign worker to fill the job. It will also show that no Canadian worker or permanent resident is available to do the job,” according to Immigration, Refugees and Citizenship Canada (IRCC).
Ottawa made numerous significant changes to immigration rules in 2024 following a surge in employers’ use of the TFW Program. Overall, the number of positions approved to be filled by temporary foreign workers in 2023 stood at 239,646, more than double the 108,988 recorded in 2018, CBC previously reported, citing data from Employment and Social Development Canada (ESDC).
"WestJet Encore has not yet hired any pilots through the LMIA process," airline spokeswoman Julia Kaiser said, according to CP.
In January, the Supreme Court of British Columbia directed WestJet to produce additional harassment complaint files related to flight attendants, rejecting the airline’s attempt to limit document production.
