Claim expenses, financial losses and damages caused by Phoenix

Limited service availability

This service is affected by the outbreak of coronavirus (COVID-19). We will continue to receive submitted claims; each and every one of these claims is important to us and we will be processing them as quickly as possible. Unfortunately, we anticipate that we may not be able to meet the normal service standards in all cases. We apologize for any inconvenience this may cause and appreciate your understanding and patience during this time.

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Claims for all employees who experienced problems with the Phoenix pay system

The Government of Canada is doing everything possible to ensure that no employee remains out-of-pocket because of Phoenix pay system. If you experienced pay problems, you can claim eligible expenses or request advances for social benefits.

All employees who have been impacted financially by Phoenix can continue to claim out-of-pocket expenses and financial losses through the following processes, which have been in place since 2016.

Out-of-pocket expenses

If you incurred expenses such as interest charges or late fees because of Phoenix, you can submit a claim.

Impacts to income taxes and government benefits

If you were owed salary from one year that was only paid the following year, you might incur a financial loss related to paying a higher rate of income tax or reduced government benefits and credits such as the Canada child benefit.

Advance for social benefits

If your government benefits, such as the Canada child benefit, or other credits were reduced because you were overpaid by Phoenix, you can request an advance to help you during this time.

Reimbursement for tax advice

To better understand the tax implications caused by errors in your pay, the Government of Canada will reimburse eligible expenses related to obtaining tax advice.

Compensation for damages caused by the Phoenix pay system

Claims and compensation processes are currently available for:

  • eligible employees represented by signatory bargaining agents under the 2019 damages agreement and similar agreements with separate agencies.

Claims and compensation processes will be available soon for:

  • eligible employees represented by the Public Service Alliance of Canada (PSAC) under the 2020 damages agreement and similar agreements with separate agencies

Compensation for eligible employees represented by signatory bargaining agents (2019 Agreement)

You could be eligible to compensation under the 2019 Phoenix pay system damages agreement. This is a joint agreement between the Government of Canada and a number of bargaining agents for the compensation of damages to represented employees in recognition of the fact that employees may have been impacted directly or indirectly by the Phoenix pay system. Separate agencies have since negotiated a similar agreement with their bargaining agents.

Check your eligibility

The Phoenix damages agreement applies to:

Current employees, former employees and the estates of deceased employees represented by these bargaining agents:

  • Association of Canadian Financial Officers
  • Association of Justice Counsel
  • Canadian Association of Professional Employees
  • Canadian Federal Pilots Association
  • Canadian Merchant Service Guild
  • Canadian Military Colleges Faculty Association
  • Canadian Union of Public Employees Local 104
  • Canadian Union of Public Employees Local 2656 (National Film Board)
  • Canadian Union of Public Employees SGCT 4835 (National Film Board)
  • Federal Government Dockyard Chargehands Association
  • Federal Government Dockyard Trades and Labour Council (East)
  • Federal Government Dockyard Trades and Labour Council (West)
  • International Brotherhood of Electrical Workers
  • Professional Association of Foreign Service Officers
  • Research Council Employees’ Association
  • The Professional Institute of the Public Service of Canada
  • Unifor Local 87-M (Non-Supervisory Printing Services)
  • Unifor Local 5454 (Canadian Air Traffic Control Association)
  • Unifor Local 2182 (Radio Operations)
  • Union of Canadian Correctional Officers

Other eligible employees

The agreement also applies to:

  • employees excluded from bargaining agents who have signed on to the agreement
  • unrepresented employees
  • executives

Note: Employees of separate agencies who have reached similar agreements may also submit claims.

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
  • employees with terms of less than three months

General compensation for damages for former employees

The agreement provides current and former employees general compensation in the form of additional leave, up to five days. During the 2019 calendar year, this additional leave of up to four days was credited to current employees, representing two days leave for 2016–17 and one day for 2017–18, 2018–19. An additional day was credited to employees in 2020 for the 2019- 20 period. If you are a former employee or represent one, you can submit a claim to receive a payment equivalent to the value of those days of leave.

Financial costs and lost investment income

If, for instance, you cashed in investments, missed opportunities to earn interest on savings accounts, or experienced delays in receiving your severance, pension or pay and were not able to earn interest on those sums, you can file a claim under the Phoenix damages agreement.

Leave taken because of health issues related to Phoenix (in development)

In 2020, you will be able to request that the documented leave taken because of an illness caused by Phoenix be re credited or reimbursed.

Severe personal or financial hardship (in development)

In 2020, you will be able to claim damages for exceptional and severe damages caused by Phoenix pay issues.

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