Phoenix severe impacts claims process launched for public servants

By November 17, 2021Phoenix

Yesterday, Treasury Board launched its severe impacts claims process to, “compensate current and former employees represented by the Public Service Alliance of Canada (PSAC) who experienced severe personal or financial impacts as a result of issues with the Phoenix pay system.”

Who can submit a claim

  • current or former indeterminate employees, or
  • current or former term employees of more than three months, or
  • representatives of the estate of a deceased employee (indeterminate or term of more than three months)

To be eligible

  • employees must have worked in an organization of the core public administration or a separate agency between April 1, 2016 and March 31, 2020, and
  • employees must have incurred damages as a result of the Phoenix pay system between April 1, 2016 and March 31, 2020

Who is not eligible

  • 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
    • employees with terms of less than three months

Types of claims

  • Financial costs or lost investment income
  • Compensation for leave taken
  • Compensation for individuals on maternity, parental or disability leave
  • Discriminatory practice
  • Lost occupational capacity (Impacts to one’s career)
  • Lost security clearance
  • Bankruptcy
  • Significant credit rating impact
  • Resignation from the public service
  • Mental anguish
  • Other personal or financial hardship

Read the full list and complete details here.

Public servants can submit their claim online or by email.

However, if public servants have already filed a claim for financial costs and lost investment income, they do not need to reapply but they can make additional claims for other hardships in this process.

Other information

Treasury Board noted that outstanding pay issues related to the Phoenix pay system cannot be addressed through a claims process. If public servants have issues with their pay, they are to follow the existing process to report a problem.

They also noted that processing times may take longer given the complex nature of these types of claims.

As well, filing a claim will not impact the pay or pension payment of active and retired public servants since compensation for the claim will not be processed through the Phoenix pay system.

Treasury Board also stated that they are working on a new, streamlined single-application claims process to be launched in December 2021 for former public servants to file claims for general damages compensation.

Other links:

Start a claim online

Information: Claim compensation for severe impacts

News release: Government of Canada launches severe impacts claims process under Phoenix damages agreement with Public Service Alliance of Canada