I am generally uninterested at what occurs at WEN as it is none of my business. With that said, in the seniority game, for every winner there is a loser.
If you are an Encore pilot who believes that you have a reserved position on the WestJet/Swoop bargaining unit seniority list (the WSW/WJA PSL) courtesy of the PTA or you are a WJA or WSW pilot who has flowed from Encore since December 12, 2019 (maybe since earlier in 2019) and you believe that the position that you hold on the WSW/WJA bargaining unit seniority list (the WSW/WJA PSL) is higher than date of hire at WestJet or Swoop courtesy of the PTA...and you wish to keep that belief in place without challenging your beliefs, then please ignore the rest of my post.
If however, you hold the above beliefs based on what you were told and have not thoroughly analysed the PTA with the razor sharp scrutiny of a Wall Street lawyer...and you would do what you could to seek restitution in the event your beliefs are wrong, then please read on.
If a party had a legal duty of care to you by virtue of some special relationship and that party told you something that you later relied on and that reliance caused you harm or damages in some way, you, my colleague, might have a claim in civil court for negligent misrepresentation.
I know something about the tort of negligent misrepresentation because I sued a realtor and a conveyancing lawyer in BC Supreme Court. The case was settled and the terms are sealed with no admission of guilt by either party. I tell you this only to let you know that I know something, only something about the tort of negligent misrepresentation.
If a party who owed you a Duty of Care communicated to you in such a way that it left you with the impression that you had a non-DOH (at Swoop or WestJet) position on a WSW/WJA bargaining unit seniority list (either reserved or currently), also known as super-seniority, and that you could expect to exercise the legal rights associated with that seniority position, and you relied on that communication to make a decision that caused you to suffer provable financial damages, then you might be able to establish the tort of negligent misrepresentation.
Beware. It is not an easy case to prove nor is it necessarily easy to prove financial damages. You always have a duty to mitigate those damages.
Regardless, if you live in British Columbia, you either have three weeks or at the most seven months at the latest to commence an action in BC Supreme Court. Normally an action in this case would be time barred (It is a two year window), but because BC enacted a COVID-19 pause (one calendar year) in running limitation periods, the window in which to file has been extended.
I do not know what kind of limitation period pause other provinces enacted with the exception that I know that Alberta only enacted a three month pause because Alberta.
I have no opinion on the cost, viability, wisdom, or chances of success or failure of such a pursuit. I only know that you have a limited time in which to seek justice if a wrong has been committed against you.
Attached is a screenshot of the Court Services BC index of cases showing my case against the realtor and lawyer. For $6 you can obtain whatever is publicly available in that case by going here. The file may not show much, but I believe it should show the Statement of Claim.
I don't have access to WEN MEC communications so I do not know what you were told and when. I have attached the earliest communication I can find concerning the WSW/WJA MEC informing the bargaining unit members of a "One List" type Agreement. See below.
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