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Class Action Allowed against the Canadian Government concerning the Phoenix pay system

3 April 2018 Written by

On April 3rd, 2018, the Superior Court authorized the class action we filed on behalf of employees and ex-employees of the Government of Canada. The Action claims damages related to the Phoenix Pay System. 


Who is included in the class? 

The Class covers all of Canada. 

The status of included members was limited by the Court. Employees who have a right to file a grievance under section 208 of the Federal Public Sector Labor Relations Act were excluded from the Class. This affects both unionized and non-unionized employees. 

The resulting Class is composed of all employees and ex-employees who cannot file a grievance, among which Students, Occasional employees and Retirees. 

Our team is concerned about the excluded members’ access to justice, especially for non-unionized employees such as managers. Without access to a form of collective representation or to independent arbitration of their claims, these persons will form a sizeable but largely silent subgroup.

We are currently reviewing the possibility of filing an appeal on this issue. 

In any case, it is imperative for employees and ex-employees to file a grievance without delay, or to try to do so. If your grievance is refused by your union or the Government, ask for a proof of refusal and provide it to us.


Actions to take

Members included in the Class definition do not have any action to take. They will automatically form part of the Class. Over the following weeks, notices will be approved by the Court and published.  

People excluded from the current Class definition or who have the right to grieve should file a grievance to preserve their rights. 


Translation of judgment

The original version of the Court judgment is in French. We will post a translation as soon as it becomes available.