Arbitrator dismisses ALPA grievance over WestJet savings program, finds RSP and TFSA matching contributions not covered under Canada Labour Code pension provisions
April 24, 2025
An arbitrator has dismissed a pilot union’s grievance against WestJet over contributions made to its voluntary savings program while on leave, after finding that the scheme was not a “pension” for purposes of the Canada Labour Code (CLC).
According to the ruling, WestJet allows Air Line Pilots Association (union) members to continue contributing and receiving company matches to its voluntary RSP/TFSA and cash savings programs while on certain approved leaves for up to 52 weeks.
In its grievance, the union claimed that members on pregnancy or parental leave should be able to extend their eligibility for matching contributions up to the full 78 weeks citing section 209.2(1) of the CLC, which requires the “pension, health and disability benefits and the seniority of any employee” to accumulate during the entire period of the leave.
In addition, the union argued that the refusal to continue matches beyond 52 weeks was discriminatory and violated the Canadian Human Rights Act.
However, the arbitrator sided with the airline, finding that the WestJet savings program was not a pension for the purposes of the CLC: “If Parliament had wished to include RSPs, TFSAs, and other savings vehicles/programs in section 209.2(1), it could have, and would have, done so.”
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