General compensation for former employees - Understanding your payment

General compensation is available to you as a former employee for damages as a result of the Phoenix pay system. The payment you receive, including any catch-up amounts, is calculated based on a number of factors, such as:

Detailed criteria for these payments are available in the

Examples of general damages payments for former employees

Mateo: Retired Border Services (FB-03) indeterminate employee in 2020

Mateo retired from the Canada Border Services Agency in January 2020 as an FB-03. Mateo has only worked in the FB group throughout his career.

Is Mateo eligible for a lump-sum payment? Yes

Mateo will receive a $2,500 payment:

  • $1,000 related to the late implementation of the 2014 collective agreements.
  • $1,500 related to general damages.

Justification: Mateo was an employee who was represented by PSAC for the four years covered by the agreement (2016–20) and was not compensated by any other damages agreement. He is eligible under the 2020 PSAC agreement for each fiscal year.

Yasmin: Resigned as an Information Services (IS-04) Term employee (greater than three months)

Yasmin was hired as an IS-04 at Shared Services Canada in January 2015 and resigned in February 2017.

Is Yasmin eligible for a lump-sum payment? Yes

Yasmin will receive a $1,000 payment:

  • $400 related to the late implementation of the 2014 collective agreements.
  • $600 related to general damages.

Justification: Yasmin was an employee who was represented by PSAC since January 2015. She is entitled to a lump-sum payment for the first year of the agreement (2016-17) as she was on strength at least one day during fiscal year 2016-17 in a position represented by PSAC. She is entitled to compensation under the 2020 PSAC agreement for that one fiscal year.

Alex: Resigned as an Administrative Services (AS-05) indeterminate employee in June 2018, after 5 years of leave without pay (LWOP)

Alex was on LWOP (Leave of Absence for Care and Nurturing) from June 2013 to June 2018 prior to his resignation. He did not return to work before resigning from the public service.

Is Alex eligible for a lump-sum payment? Yes

Alex will receive a $2,000 payment:

  • $800 related to the late implementation of the 2014 collective agreements.
  • $1,200 related to general damages.

Justification: Employees on leave without pay are eligible under this agreement.  Alex was represented for 3 years of the eligible period (2016–17, 2017–18, 2018–19) under the 2020 PSAC agreement and can be compensated for these years as a former employee. 

Jeanne: Retired as an Engineering and Scientific Support (EG-08) indeterminate employee that had several EX-01 acting opportunities

Jeanne was an EG-08 at Natural Resources Canada in 2014.  During the period of 2016–20, Jeanne had short- and long-term acting appointments as an EX-01 in each fiscal year, while her substantive remained at the EG-08 level.  Jeanne was an acting EX-01 all of the fiscal year 2018–19 and returned to her substantive in April 2019, shortly before her retirement. Jeanne was not credited any leave before her retirement and has not yet submitted any claim for Phoenix damages compensation.

Is Jeanne eligible for a lump-sum payment? Yes

Jeanne will receive a $3,100.15 payment:

  • $1,000 related to the late implementation of the 2014 collective agreements.
  • $2,100.15 related to general damages.

Justification: Jeanne is eligible for damages for the late implementation of the 2014 collective agreements as she was substantively an EG employee in each of the 4 fiscal years. Additionally, she is eligible for pay in lieu of leave credits as the periods she acted as an EX-01 made her eligible under the 2019 damages agreement. The rate of pay of her substantive EG-08 position on the date her claim is processed is used for the payment, which is $420.03. This amount includes salary adjustments retroactive to her departure date. Jeanne is entitled to $2,100.15 for her 5 days of leave. 

Minh: Resigned in August 2019 from Veterans Affairs in a Clerical and Regulatory (CR-05) position after 10 years of employment

Minh had several short-term acting appointments in a Personnel Administration (PE-02) position during fiscal years 2017-18 and 2018-19. Minh resigned while at his CR-05 substantive level. While Minh was still working, he was credited 2 days of leave under the 2019 general damages agreement for his PE acting periods in fiscal years 2017-18 and 2018-19. The leave was credited to his account in the summer of 2019.  Since Minh left the public service, he has not submitted any claims for Phoenix general damages.

Is Minh eligible for a lump-sum payment? Yes

Minh will receive a $2,045.16 payment:

  • $1,000 related to the late implementation of the 2014 collective agreements.
  • $1,045.16 related to general damages

Justification: Minh is eligible for $1,000 in damages for the late implementation of the 2014 collective agreements as he was substantively a CR employee in each of the 4 fiscal years covered by the 2020 PSAC agreement. He is also eligible to receive $900 in general damages compensation for fiscal years 2016-17 ($600) and 2019-20 ($300) under that agreement. Since Minh’s rate of pay of his substantive CR-05 position on his resignation date was $222.53 (this includes applicable salary adjustments for the period from his termination date to the date his claim is processed), the catch-up provisions in the 2021 memorandum of agreement would apply and he would be entitled to an additional payment of $145.16.

Stephanie: Resigned as an indeterminate Economist (EC-02) from Health Canada after 10 years of employment

Stephanie resigned from the public service as an EC-02 for personal reasons in July 2018. She had submitted a claim as a former employee in June 2020 and was paid $1,037.92 (4 days salary at $259.48/day) in lieu of leave credits. 

Is Stephanie eligible for a lump-sum payment? Yes

Stephanie will receive a $962.08 payment:

  • $800 related to the late implementation of the 2014 collective agreements.
  • $162.08 related to general damages.

Justification: Stephanie is eligible for damages for the late implementation of the 2014 collective agreements 2016–17, 2017–18 and 2018–19. She is also entitled to a top-up payment under the catch-up agreement for each year in which she has already received a payment in lieu of leave credits, to bring her compensation up to $300 a day for general damages. Stephanie’s daily rate of pay in July 2018 was $259.48, which means she is entitled to a top-up payment of $40.52 per fiscal year.

Zhao: Retired as an Economist (EC-03) in September 2020

Zhao retired from Statistics Canada as an EC-03 in September 2020. Zhao received her 5 days of vacation leave under the 2019 damages agreement while she was still working. As she was retired as of October 23, 2020, she is now considered a former employee and must apply for additional general damages compensation provided in the 2021 catch-up agreement.

Is Zhao eligible for a lump-sum payment? Yes

Zhao will receive a $1,000 payment:

  • $,1000 related to the late implementation of the 2014 collective agreements.
  • $0 related to general damages.

Justification: Zhao is entitled to a lump-sum payment of $1,000 for the late implementation of the 2014 collective agreements ($400 in 2016–17 and $200 for each of the three other fiscal years of the agreement). She is not entitled to an additional payment because the difference between her daily rate of pay ($293.42) and $300 is less than $10. The terms of the catch-up agreement state that employees are entitled to additional payments if their daily rate of pay was less than $300 and the difference exceeds $10 for each fiscal year of the agreement.

Andreas: Former student, employed full-time and part time from 2015 to 2019

Andreas was employed as a student from 2015 to 2019 at Transport Canada. They were only a student during this period and did not become a public servant after their post-secondary education.

Can Andreas submit a claim in December 2021? No

Justification: As a student, Andreas is not eligible under the Phoenix damages agreements.

Page details

Date modified: