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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Current employees

General damages compensation is available for eligible employees represented by:

You may have received compensation in the form of:

  • leave credits, that were applied to your leave bank in 2019 and 2020
  • a lump-sum payment, as part of your pay in March 2021
    • a summary is 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 payments are taxable.

Types of compensation

Additional leave credits

You do not need to submit a claim to receive eligible leave credits

If you are 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.

Note: 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.

Lump-sum payments

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 can expect to receive any outstanding amounts in September 2021.

Lump-sum payments are allocated by fiscal year:
Fiscal year you were on strengthtable 1 note * for at least one day Maximum compensation you are eligible fortable 1 note **
2016–17 $1,000
2017–18 $500
2018–19 $500
2019–20 $500
Table 1 Notes
Table 1 Note 1

“On strength” means that employees who were on paid/unpaid leave, assignment or otherwise not active are still considered employed for the purposes of this agreement.

Return to table 1 note * referrer

Table 1 Note 2

If your work situation has changed since 2016, learn more about how this may impact your payments.

Return to table 1 note ** referrer

Catch-up payments

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 also receive a catch-up payment as part of your regular pay in September of 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 could receive:

  • 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 will 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 **
2016–17 $400
2017–18 $200
2018–19 $200
2019–20 $200

Table 2 Notes

Table 2 Note 1

“On strength” means that employees who were on paid/unpaid leave, assignment or otherwise not active are still considered employed for the purposes of this agreement.

Return to table 2 note * referrer

Table 2 Note 2

Executives and unrepresented employees are not entitled to the up to $1,000 payment related to the late implementation of the 2014 collective agreements.

If your work situation has changed since 2016, learn more about how this may impact your payments.

Return to table 2 note ** referrer

Phoenix pay information taken on October 23, 2020 (the signing date of the 2020 Damages agreement) will be used to determine employee eligibility. If you were on strengthFootnote 1 on October 23, 2020, you will receive 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

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:

  • I was not represented by a bargaining agent
  • I was in an Executive (EX) position
  • I was a student, casual or term of less than 3 months
  • I was 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
  • 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

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