Accelerated adjudication under the 2019 damages agreement
As part of the 2019 damages agreement, the bargaining agents and the Treasury Board of Canada Secretariat (TBS) negotiated a recourse mechanism to resolve disputes stemming from decisions with respect to claims related to severe impacts only.
There are 12 different types of claims for severe impacts.
Accelerated adjudication consists of having a third party (an adjudicator, officially known as a panel) from the Federal Public Sector Labour Relations and Employment Board (FPSLREB) adjudicate the claim. The adjudicator will rule either that:
- the claim decision will remain, or
- corrective measures need to be implemented
Figure 1: Process for accelerated adjudication

Assessment of a claim
The steps involved in the assessment of a claim up to the point where it is referred to accelerated adjudication are:
- An employee files a claim with the Phoenix Claims Office for damages for severe impacts. The application form may include claims respecting one or more of the severe impacts listed in clause 21 a) to l) of the 2019 damages agreement.
- The Phoenix Claims Office assesses the claim and may contact the employee and the employee’s organization for additional information.
- The Phoenix Claims Office issues a decision letter to the employee. The decision letter includes a detailed rationale (decision) for each type of claim submitted on the application form.
Process following receipt of the decision letter
Approved claim, in full or in part
Approved claims (in full or in part), will include a release form, attached to the decision letter which the claimant must complete and return to the Phoenix Claims Office within 90 calendar days to receive payment.
An employee can contact the Phoenix Claims Office with any questions about the decision letter.
Where applicable, an employee may also contact their bargaining agent about the available options, including referring a claim decision to accelerated adjudication to the FPSLREB. Unrepresented and excluded employees may be eligible to file an application for judicial review with the Federal Court.
If an employee is satisfied with the decision in whole, they sign the release form and return it to the Phoenix Claims Office. Payment is then issued by the employee’s organization.
If an employee has a grievance related to the claim, and there is no outstanding matter relating to the grievance (nature and corrective measures requested), they should contact their bargaining agent to withdraw their grievance. The bargaining agent will then communicate with the employee’s department, or the FPSPRLEB as applicable, to advise that the grievance has been withdrawn.
If an employee is partially satisfied with the decision (that is they are satisfied with the decision respecting some claims submitted under clause 21 a) to l), but not with others) they can sign the release form for the decision on each type of claim made under 21 a) to 1) with which they are satisfied and ask their bargaining agent to refer the decision(s) with which they are unsatisfied to the FPSLREB accelerated adjudication process.
If an employee is not satisfied with any of the decisions made on the claims submitted under clause 21 a) to l) they can decide not to sign the release form. In such a case, no payment will be issued, and the employee can ask their bargaining agent to refer the entire decision to the FPRLEB accelerated adjudication process.
Once the release form is signed and payment is issued, only the denied portion of a claim can be grieved per clause 24 of the 2019 damages agreement.
Denied Claim
An employee can contact the Phoenix Claims Office with any questions about the decision letter.
Where applicable, an employee may also ask their bargaining agent to refer the decision(s) to the FPSLREB accelerated adjudication process. Unrepresented and excluded employees may be eligible to file an application for judicial review in the Federal Court.
How to contest a claim decision
If the bargaining agent and the employee refer a claim decision to accelerated adjudication, the bargaining agent sends a notice of referral to the FPSLREB.
If the decision letter includes decisions on more than one type of claim, the bargaining agent should identify on the referral form which decisions the employee is contesting. This should correspond to the unsigned portions of the release and denied types of claims.
Only the denied portions of a claim may be grieved
Clause 24 of the 2019 damages agreement indicates that only the denied portions of a claim may be grieved. The specific terms “…may only grieve…” in clause 24 means to refer a denied claim decision to the FPSLREB for accelerated adjudication as the parties to the agreement established that a claims decision is equivalent to a final level grievance reply (clause 28). No grievance needs to be filed with the organization. Decisions are referred directly to accelerated adjudication by the bargaining agent.
Timeline to refer a denied claim decision to accelerated adjudication
In accordance with article 27 of the 2019 damages agreement, Bargaining Agents have until June 12, 2024, to refer denied decisions with respect to a claim to accelerated adjudication without the Employer raising objections of timeliness.
Employees who received claims decision letters before the launch of the accelerated adjudication process are encouraged to consult their bargaining agent at the earliest time if they wish to have them refer the decision to the FPSLREB.
Referring phoenix-pay grievances related to the claim
The bargaining agent may also refer an employee’s phoenix-pay grievance related to the contested claim to accelerated adjudication along with the contested claim decision(s). On a case-by-case basis, the FPSLREB will review and may decide to address the matters related to the Phoenix-pay grievance and claim jointly.
Process for accelerated adjudication before the FPSLREB
The accelerated adjudication process is administered by the FPSLREB who offer a procedural guide for the Accelerated Adjudication Process. The guide applies to all parties subject to the process. As such, the Employer (TBS and employee’s organization,) the bargaining agent and the employee are encouraged to familiarize themselves with its contents.
Initiating the accelerated adjudication process
- Following receipt of the notice of referral, the FPSLREB sends the Employer (TBS and the employee’s organization), the bargaining agent and the employee an acknowledgment of the notice of referral to accelerated adjudication.
- The parties will each determine if they agree to mediation and advise the FPSLREB accordingly.
Mediation (Optional)
Mediation is a voluntary and confidential process, and without prejudice to the adjudication process if no agreement is reached.
If the bargaining agent and the Employer (TBS and the employee’s organization) agree to mediation, a Mediator sets mediation dates in consultation with TBS, the employee’s organization, and the bargaining agent.
Steps in the mediation process:
- The parties attempt to reach an agreement to resolve the grievance respecting the claim decision and, if applicable, the grievance respecting the related pay issue.
- Corrective measures are negotiated, if applicable.
- The parties sign an agreement if one is reached.
- Where a settlement agreement is reached, the parties are required to implement in accordance with the agreed upon terms.
- Grievance(s) is (are) withdrawn if a settlement is reached.
If a mediation does not result in an agreement, the matter(s) may proceed to accelerated adjudication.
Accelerated adjudication
For files that proceed to accelerated adjudication, the FPSLREB notifies TBS, the employee’s organization, and the bargaining agent of the timelines for written submissions or an oral hearing.
For all files where the matter is reviewed by the FPSLREB by written submission and oral hearing, the FPSLREB will render a decision. Where corrective measures are granted by the FPSLREB, the appropriate party is expected to implement in accordance with the order.
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