Last Thursday, the law firm Saraïlis filed the application for leave to appeal to the Supreme Court of Canada as part of an effort to increase the number of workers eligible to participate in the Phoenix pay class action lawsuit.
Since its implementation in February 2016, the Phoenix pay system has reportedly experienced numerous problems that have allegedly left government employees unpaid for long periods of time, paid less than expected, or overpaid.
The Phoenix pay class action lawsuit accuses the Canadian government of failing to fulfill its obligations to federal workers after the implementation of the Phoenix pay system and failed to manage the problems with the pay system that followed.
Ezmie Bouchard is the lead plaintiff in the Phoenix pay class action lawsuit. She says she worked at Passport Canada from January through August 2016.
According to the Phoenix pay class action lawsuit, Bouchard experienced several mistakes on her pay through the Phoenix pay system; she says that when she left her job, she was owed $4,800. However, she says she ended up receiving an overpayment of $1,000 that she had to pay back.
The Phoenix pay class action lawsuit, which seeks compensation for workers affected by the Phoenix payment system glitches, was authorized by a Quebec Superior Court judge in April 2018.
According to that authorization, federal employees who have the right to file a grievance under section 208 of the Federal Public Sector Labor Relations Actwere not included in the Class.
On Jan. 16, Saraïlis filed an application seeking leave to appeal the Supreme Court of Canada with the goal of increasing the number of eligible Class Members to include non-unionized federal public servants who, unlike unionized federal workers, do not have access to a separate grievance process.
The Quebec Court of Appeal had previously rejected the request to include non-unionized workers in the Phoenix pay class action lawsuit.
The Phoenix Pay class action lawsuit seeks at least $500 per affected worker. Around 70,000 employees may have had their pay affected by the Phoenix system issues.
According to the 2019 Public Service Employee Survey, more than 70 percent of the 181,000 respondents claimed their pay was affected by problems with the Phoenix Pay System. Many of the respondents claimed that the pay issues caused them stress at work.
Have you worked for the Canadian government and experienced problems with the Phoenix pay system? Let us know in the comments below.
The plaintiffs are represented by Saraïlis Avocats inc.
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3 thoughts onPhoenix Pay System Class Action Lawsuit Seeks More Federal Workers
I worked for the Federal Government until January 2020. I had constant issues with payment being correct, and now I am still waiting for my final paycheck. When I call the pay center I am told to keep calling every two weeks, but in all honestly it’s not going to be worked on for awhile.
I worked as an inspector for the Canadian Food Inspection Agency from June 2018 until October of 2019. As of today, January 29, 2020, I am still without my ROE and final pay despite regular calls to the Pay Center, my PSAC union rep, Service Canada, my Member of Parliament, and filing an official complaint with BC Labour Standards. I am unable to claim EI benefits that I am entitled to, and have only survived by borrowing money from family. In BC it is the law that any employer must provide any pay owing and an employee’s ROE within 6 days of departure. I have waited over 4 months now, struggling to find adequate work, and am deeply in debt. I am suffering with no ability, as far as I know, to find out if anyone is even working on my case.
I am currently a civilian member with the RCMP and paid by RCMP compensation. Treasury board of Canada is deeming is public servants in May of 2020 which will force us onto the Phoenix pay system. This will add more than 3000 new employees onto Phoenix and has caused extreme stress for RCMP employees who are not even paid by Phoenix yet, for fear that we will not be paid.