Claims for losses and damages related to Phoenix: General compensation for damages related to Phoenix
General compensation for damages related to Phoenix
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General damages compensation has been provided to eligible employees represented by:
- signatory bargaining agents under the 2019 damages agreement
- the Public Service Alliance of Canada (PSAC) under the 2020 damages agreement
- separate agencies with similar agreements
You may have received compensation in the form of:
- leave credits, applied to your leave bank in 2019 and 2020 (2019 damages agreement)
- a lump-sum, as part of your pay in March 2021 (2020 damages agreement)
- a catch-up payment, as part of your pay in September 2021 (2019 damages agreement)
Payment summaries are available in MyGCpay (only available on the Government of Canada network)
Compensation payments are made as per the terms of the damages agreements, which mention that applicable deductions will be applied. The Treasury Board of Canada Secretariat sought an interpretation of the deductions from the Canada Revenue Agency (CRA), who administers Canada’s tax laws for all Canadians. The CRA advised that lump-sum and catch-up payments are taxable.
Types of compensation
Additional leave credits
You do not need to submit a claim to receive eligible leave credits
If you were eligible for compensation under the 2019 damages agreement, you will have received general compensation for damages in the form of additional leave over 2019 and 2020. If you did not receive additional leave credits, contact your HR specialist.
Employees cannot return their additional leave credits to receive a higher lump-sum payment. Employees can submit a request to their HR specialist to cash-out their compensatory leave should they wish to do so.
You do not need to submit a claim to receive eligible monetary payments
If you were eligible for compensation under the 2020 damages agreement with the Public Service Alliance of Canada, you will have received compensation in March 2021 for damages in the form of a lump-sum payment of up to $2,500 as general damages compensation for:
- stress, aggravation, pain, and suffering, and
- the late implementation of the 2014 collective agreements
If you did not receive your full lump-sum payment (for example, you are a PSAC employee who has received leave credits under the 2019 damages agreement), you will have received any outstanding amounts in September 2021.
|Fiscal year you were on strengthtable 1 note * for at least one day||Maximum compensation you are eligible for|
Table 1 Notes
You do not need to submit a claim to receive eligible catch-up payments
If you received general compensation in the form of additional leave credits, you may have also received a catch-up payment as part of your regular pay in September 2021.
An agreement was reached with bargaining agents to provide employees eligible under the 2019 agreement with the same monetary benefits as those contained in the 2020 damages agreement with the Public Service Alliance of Canada. This means that you may have received:
- an additional payment that is equal to the difference between $300 and your daily rate of pay. For each fiscal year, the amount of the additional payment is equal to the difference between $300 and the daily rate of pay of your substantive position in Phoenix on October 23, 2020. This payment will only apply if the difference is more than $10.
- up to $1,000 for the late implementation of the 2014 collective agreements
Payments cover the period of the agreement (April 1, 2016 to March 31, 2020). The payments for the late implementation of the 2014 collective agreements are allocated by fiscal year:
|Fiscal year you were on strengthtable 2 note * for at least one day||Maximum compensation you are eligible fortable 2 note **|
Table 2 Notes
Phoenix pay information taken on October 23, 2020 (the signing date of the 2020 Damages agreement) was used to determine employee eligibility. If you were on strengthFootnote 1 on October 23, 2020, you received your payment through your regular pay. If you left the public service or transferred to an organization not covered by the agreement before October 23, 2020, you will need to submit a claim as a former employee.
Former employees are eligible for general compensation payments. To make a claim, begin by selecting the bargaining agent you were represented by (if applicable) at the time you left the public service, or the option that best describes your situation.
If you were in an excluded position, please select the bargaining agent your position fell under.
Select your bargaining agent or the option that best describes your situation:
- You were not represented by a bargaining agent
- You were in an Executive (EX) position
- You were a student, casual or term of less than 3 months
- You were a worker who worked less than 1/3 of regular hours
- Public Service Alliance of Canada (PSAC)
- Association of Canadian Financial Officers (ACFO)
- Association of Justice Counsel
- Canadian Association of Professional Employees (CAPE)
- Canadian Federal Pilots Association
- Canadian Merchant Service Guild
- Canadian Military Colleges Faculty Association
- Canadian Union of Public Employees (CUPE) Local 104
- Canadian Union of Public Employees (CUPE) Local 2656 (National Film Board)
- Canadian Union of Public Employees (CUPE) 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
- National Police Federation (RCMP reservist)
- Professional Association of Foreign Service Officers
- Research Council Employees’ Association
- The Professional Institute of the Public Service of Canada (PIPSC)
- 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
- Agreement between The National Police Federation (NPF) (“The Bargaining Agent”) And The Treasury Board of Canada (“The Employer”)
- Frequently asked questions: general compensation for damages for former employees
- Compensation for damages caused by the Phoenix pay system
- Phoenix damages agreement (2019)
- Phoenix damages agreement (2020)
- Memorandum of agreement – Catch-up clause (2021)
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