Frequently asked questions: financial costs and lost investment income

1. I’m not sure how to figure out my financial losses. Where can I find help to prepare this claim?

You will not have to calculate the loss. If you estimate that your claim for financial losses is greater than the $1,500 threshold,  submit supporting documentation regarding the sale of your investment or RRSP (including details of the investment itself such as the name of publicly traded stock, the interest rate on the Guaranteed Investment Certificate, etc.) to your departmental claims officer. We will determine the amount and provide you with the details of the amounts to which you are eligible.

You may want to use the interest rate table to estimate the interest you can claim on late payments.

2. If I have an outstanding overpayment, will this payment be used to recover it?

This payment for additional compensation is meant to compensate current and former employees for damages caused by the Phoenix pay system. Accordingly, it will not be applied to recover any outstanding overpayment you may have.

3. Can I file more than one claim?

Yes. However, to avoid unnecessary delays and increased paperwork, we encourage you to bundle your items as much as possible. If further Phoenix payment problems occur, you will be able to file another claim.

Note that the $1,500 threshold only applies once for severe damages claims. You can combine several items in one claim to ensure the one-time threshold is met.

4. Is there a deadline to file a claim?

No, there is no deadline.

5. How long will my claim take to process?

Complex claims will take longer to process. We will review each claim carefully to ensure we are paying the correct amount.

After your claim has been processed, you will receive correspondence detailing:

  • the amount of the payment
  • the calculation of the payment
  • any source deductions that apply

We will also explain what to do and who to contact if you disagree with the amount of the payment.

6. Is the payment for additional compensation for damages taxable?

It depends. The tax treatment of any given payment can vary depending on the nature of the payment. Please refer to the Canada Revenue Agency website.

7. If I disagree with the amount of the payment, what do I do?

Once your claim is processed, you will receive a breakdown of how it was calculated along with instructions about how to contact the TBS Claims Office, if you require further explanation.

If, after communicating with us, you disagree with the amount of the payment and the explanation provided, you may contact your bargaining agent regarding the options available to you.

Decisions regarding claims will constitute final level grievance decisions. You may be able to refer your claim to adjudication or file an application for judicial review in the Federal Court depending on your circumstances.

8. If I filed a grievance prior to the agreement coming into effect, do I need to submit a new grievance?

No, you do not need to file a new grievance. You need to submit a detailed claim explaining what damages are requested.

Please note that at this time, in terms of severe damages caused by the Phoenix pay system, we are processing claims for financial costs and lost investment income. A claims process for severe personal or financial hardship is being developed.

9. How will existing individual grievances related to Phoenix be impacted by this agreement?

Grievances related to Phoenix, which were submitted before June 12, 2019 and have not been resolved, and grievances filed on or after that date will be processed according to the terms of the agreement.

10. Can I make this claim if I am part of the Bouchard class action lawsuit?

No. The 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 with terms of less than three months.

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