Frequently Asked Questions – Phoenix Pay System Damages Agreement
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1. Will this agreement affect work underway to replace the Phoenix pay system?
No. The Government of Canada continues to take action on all fronts to stabilize the Phoenix pay system and will continue to work with all public service unions on the development of the Next Generation HR & Pay System, the eventual replacement to Phoenix.
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2. If an employee or former employee has previously submitted a claim for out-of-pocket expenses, will they be eligible to submit a claim for additional compensation though this process?
Yes, they will.
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3. Will an employee or former employee be able to submit a claim if they did not apply for an emergency salary advance or priority payment due to a Phoenix pay issue?
Yes, they will.
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4. Will a grievance be required to receive compensation under this agreement?
No. Up to five days of additional leave will be automatically provided to employees. Former employees and estates of deceased employees will receive a cash payout in lieu of this leave by submitting a claim for this compensation.
Individual employees who missed opportunities to earn interest on savings accounts or other financial and capital investments, experienced delays in receiving severance or pension payments, or experienced severe personal or financial hardship due to Phoenix pay issues will also be able to claim additional compensation by submitting a claim.
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5. How will existing individual grievances related to Phoenix be impacted by this agreement?
Grievances relating to Phoenix will be processed according to the terms of this agreement.
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6. Will there be any recourse if a claim is denied?
If an individual is dissatisfied with the decision concerning a claim, they will have the right to grieve the decision in accordance with the Federal Public Sector Labour Relations Act and its regulations.
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7. How will the class action lawsuit filed by non-unionized employees for damages due to Phoenix be impacted by this agreement?
This agreement does not apply to members of the class action as certified in Bouchard c. Procureur Général du Canada (200-06-000214-174), and any other member of the class that could be added by the courts, including students, casual employees, workers working no more than one third of regular hours, and employees and employees with terms of less than three months.
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