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The Supreme Court of Canada may soon consider a law firm’s appeal to include more federal civil servants in the faulty Phoenix pay system class action lawsuit that is currently pending against the Canadian government.
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 Act were 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 $500 per affected worker. Around 70,000 employees may have had their pay affected by the Phoenix system issues.
According to the 2019 Public Service Employee Survey, more than 70 percent of the 181,000 respondents claimed their pay was affected by problems with the Phoenix Pay System. Many of the respondents claimed that the pay issues caused them stress at work.
Have you worked for the Canadian government and experienced problems with the Phoenix pay system? Let us know in the comments below.
The plaintiffs are represented by Saraïlis Avocats inc.
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9 thoughts onPhoenix Pay System Class Action Lawsuit Seeks More Federal Workers
I too was hurt by the Phoenix Pay System while on Approved Medical Sick Leave in 2016. My Sunlife Disability Claim was delayed due to the Pay Center. This resulted in my Sunlife Disability Claim being denied. To make matters worse, my ROE was delayed and incorrect three times which resulted in me getting rejected for sick EI. After receiving over pay for several months I decided to resign due to the ongoing Phoenix Pay problems. Now, 8 years later I still receive checks in the mail and pay stubs like I’m still working there even though they know I resigned. Also, over the years they have said I owe them anywhere from 650$ to 28,000$. I’m not sure why they send checks if I owe them money? This nightmare seems like it will never end. My medical condition has only worsened due to the stress from the Phoenix Pay System. On top of all this, my doctor said my medical condition was aggravated by my employment with the Public Service. I really wish I never left my prior job for the Federal Public Service. I know I would still be working and about to receive a full pension without all the pay issues.
Glad I found you. I’m a medically retired DND employee who has been struggling with overpayment BS since 2016. I appealed a double overpayment letter in 2022 after having been told by pay centre in 2017 that I owed $0. Now Jan 3, 2024 they replied to my Sept 27, 2022 letter (2 years later) claimed I owe them 10k and I turn 65 March 2024 and no matter what they will be taking 10% of my pension wether I agree or not. I have until Feb 3, 2024 to tell them if I will write a cheque or they will take action. The end of the letter claims if I don’t have enough pension they will proceed with other means of recovery.
I have my paperwork In order. My mental health is back to very bad thoughts and I need your help. We can’t let the government get away with this. Provincially they have only 2 years to recover and federally 6 but that is being fought by the labour and employment board with positive results to date.
If I don’t fit this class action, let’s start a new one.
I retired from the Correctional Service of Canada, December 2021, after more than 25 years of service. It is now August 2023 and I have yet to receive my severance pay, that I, in hindsight, so stupidly left in. After many phone calls with 0 answers, I got my MP involved. Now his clerk makes the calls once a month and gets the runaround. Still the Phoenix Pay fiasco is allowed to continue. The Federal Government takes no accountability.
Phoenix over paid me in 2017. Sent letter of recovery to last position I occupied in another department. In Jan 2023 started garnishing my pay in full. No pay for 2 months. No one will help.
I too had issues with the Phoenix system and waited for weeks for my pay to be reinstated. I had to borrow money to cover expenses.
Phoenix pay system, the management and the union do nothing to help. I lost everything, became homeless, the.msnagers, directors and executive directors tell you straight out they can’t help you. It was their mistake and they were randomly taking up yo 100% of my pay without warning. I had.no time nor help to figure it it. Defaulted with.loans,bankrupt, suicidal. No job, no credit (can’t secure a place to live) They don’t care, the union doesn’t care.
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.