Navigating the Phoenix adjudication process under the 2020 damages agreement

June 26, 2024

Starting June 24, a new adjudication process is available for both current and former Treasury Board employees affected by the 2020 Phoenix pay system damages agreement. This process was negotiated by PSAC and is designed to resolve disputes quickly and efficiently if your claim for severe impacts has been denied.

There are two main pathways to handle disputes: 

  • Accelerated adjudication: This faster process allows for a decision within 40 working days. Both parties must agree on a statement of facts before moving ahead with accelerated adjudication, which is administered by the Federal Public Sector Labour Relations and Employment Board (FPSLREB). The entire process has been outlined in the FPSLREB’s procedural guide.
  • Formal adjudication: This longer hearing process is designed for complex cases where facts are disputed or more evidence is needed. It involves gathering evidence and testimonies, and a decision can take several months. Grievances that proceed to formal adjudication follow the FPSLREB’s usual adjudication procedures.

If your claim is approved, fully or partially, you will receive a decision letter with a release form that you must sign and return within 90 days to receive your payment. Employees can contact the Phoenix Claims Office with any questions about the decision letter.

Disagreeing with a decision

If you disagree with the decision on your claim, contact PSAC (choose “Phoenix – Appeal a severe impact claim” from the dropdown menu) to explore your options. We can guide you on the next steps and can refer your claim to the FPSLREB, depending on the specifics of your case. Under the Phoenix pay system damages agreement, only PSAC can refer a claim to adjudication before the FPSLREB.

For members covered under the 2019 Phoenix pay system damages agreement, a similar process is already available.

Push for ongoing Phoenix damages

PSAC also continues to call on Treasury Board to begin negotiating an extension of the Phoenix general damages agreements and the severe damages claims process to compensate workers until they are paid properly and on time – every time.

There are currently 424,000 transactions ready to be processed by the Public Service Pay Centre with a growing Phoenix backlog that is leading to frustration and hardship for federal public service workers waiting for their issues to be resolved.

This article was first posted on the PSAC website.

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