Claim damages caused by Phoenix: General compensation for damages for former employees
General compensation for damages related to Phoenix
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General damages compensation is available for eligible employees represented by:
- the Public Service Alliance of Canada (PSAC), under the 2020 damages agreement
- signatory bargaining agents under the 2019 damages agreement
- separate agencies with similar agreements
Compensation for damages – additional leave
You do not need to submit a claim to receive eligible leave credits
If you are an employee and eligible for compensation under the 2019 damages agreement, you will have received general compensation for damages in the form of additional leave over the summer of 2019. If you did not receive additional leave credits, contact your HR specialist.
Compensation for damages – lump sum payment
You do not need to submit a claim to receive eligible lump sum payments
If you are an employee eligible for compensation under the 2020 damages agreement with the Public Service Alliance of Canada, you will receive compensation for damages in the form of a lump sum payment. You can expect to receive a lump sum payment of up to $2,500 as general damages compensation for stress, aggravation, pain, and suffering, and for the late implementation of the 2014 collective agreements. Lump sum payments are allocated by fiscal year:
|Fiscal year you were on strengthFootnote *, for at least one day||Maximum compensation you are eligible for|
If you have been represented by the Public Service Alliance of Canada (PSAC) or have been in an excluded PSAC position, you can expect to receive your lump sum payment as part of your pay. A summary will be available in MyGCpay (only available on the Government of Canada network).
As part of the 2020 damages agreement with PSAC, parties agreed to make payments on a best effort basis and the government is proceeding with those payments as per the terms of the agreement. The agreement also mentions that applicable deductions would be applied.
The Treasury Board Secretariat sought an interpretation from the Canada Revenue Agency (CRA), who administers Canada’ s tax laws for all Canadians.
If you have questions about your payment amount, please contact your HR specialist or the Client Contact Centre for more information.
Claims processes will be available in the coming months for:
- eligible former employees who were represented by the Public Service Alliance of Canada (PSAC) under the 2020 damages agreement and similar agreements with separate agencies.
Once a claims process is available, eligible former employees who were on strengthFootnote * for at least one day in the following fiscal years will be able to claim up to:
- $1,000 for fiscal year 2016-2017
- $500 for fiscal year 2017-2018
- $500 for fiscal year 2018-2019
- $500 for fiscal year 2019-2020
The payment amounts former employees will be able to claim may vary if their work situation has changed since 2016 and they have received leave credits under the 2019 damages agreement. More information will be provided at a later date once this process is launched.
A claims process is currently available for:
- eligible former employees represented by signatory bargaining agents under the 2019 damages agreement and similar agreements with separate agencies.
If you are a former employee eligible to the compensation under the 2019 Phoenix damages agreement, you can request a payment equivalent to the value of the additional leave allocated to current employees.
Similarly, if you are the legal representative of a former employee or represent the estate of a deceased employee eligible to the compensation under the 2019 Phoenix damages agreement, you may make a claim on their behalf.
Under the 2019 Phoenix damages agreement, if you worked at least one day in each of the fiscal years covered by the agreement, you can request a payment equivalent to:
- 2 days of leave for fiscal year 2016–2017
- 1 day of leave for fiscal year 2017–2018
- 1 day of leave for fiscal year 2018–2019
- 1 day of leave for fiscal year 2019–2020
If you are a former employee and have questions about this claims process, please contact us.
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
Note: Employees of separate agencies who have a similar agreement may submit a claim.
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:
- casual employees
- workers working no more than one third of regular hours
- employees with terms of less than three months
Submit a claim (only applicable for 2019 damages agreement)
Before you begin, you may want to consider that:
- you can only make a claim once for any given fiscal year
- your payment will be calculated using the last rate of pay shown in the Phoenix pay system at the time your claim is processed
Therefore, if you have any outstanding pay increases that are owed to you, you may wish to wait until the increases have been processed in Phoenix and paid out before submitting your claim.
Determine if you should file an electronic claim or a paper claim:
- If you know your Personal Record Identifier (PRI) and have a personal e-mail account, you can file an electronic claim.
- If you don’t recall your PRI or don’t have a personal e-mail account, or if you are the legal representative of a former or deceased employees complete the PDF form and follow instructions.
Privacy notice statement
The personal information requested in this form is collected under the authority of the Financial Administration Act. The information submitted via this form will be combined with pay information in a database of pay information held within Treasury Board of Canada Secretariat (TBS) in order to:
- determine eligibility
- assess your payment amount in accordance with the Damages Agreement
Refusal to provide the requested personal information will result in TBS not being able to process the claim. The information you provide will be validated against a database of pay information held within TBS in order to:
- confirm eligibility
- calculate payment based on your last rate of pay
If your claim is accepted and a payment is issued to you, your Social Insurance Number (SIN) will be obtained from the Public Services and Procurement Canada (PSPC) database of pay information to issue you a T4 and/or RL-1 tax slip and will be shared with Canada Revenue Agency and/or Revenu Québec for income tax purposes.
Personal information you provide is being collected by the TBS Claims Office and may be shared with PSPC and the last federal organization of employment in order for that organization to issue payment. Personal information will be protected, used and disclosed in accordance with the Privacy Act and as described in Personal Information Bank TBS PCE 742. Your information may also be used or disclosed for financial reporting and program evaluation.
Under the Privacy Act, individuals have a right to access and correct their personal information. If you wish to avail yourself of these rights or require clarification about this privacy notice statement, please contact the TBS Access to Information and Privacy Coordinator by email at firstname.lastname@example.org. If you are not satisfied with the response to your privacy concern, you may wish to communicate with the Office of the Privacy Commissioner by telephone at 1‑800‑282‑1376 or by email at email@example.com.
After you submit a claim
Check the status of your electronic claim.
Note: If you are making an enquiry via email, please include a phone number so that we can reach you in case we need more information. Please do not include protected information, such as your date of birth or social insurance number (SIN).
We may contact you by email to get more information either to start or continue processing your application, or to ask for more documents. We will always reference your claim number when we do.
For more information on how to protect your personal information, please visit the Office of the Privacy Commissioner of Canada.
Please note that general compensation for damages is taxable. If you receive a payment through this claims process, the Treasury Board of Canada Secretariat (address: 90 Elgin, Ottawa, Ontario) will send you tax slips in February of the following year to submit with your income tax return.
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