The Treasury Board Secretariat announced that claim compensation for severe impacts, a claims process for losses and damages related to the Phoenix pay system, is now available to PSAC members under the Phoenix damages agreement negotiated by PSAC in October 2020.
PSAC members having suffered personal or financial consequences due to Phoenix, whether they be current or former employees or the estate representative of a deceased member, can now make one or several claims for severe impacts.
You are eligible if you were a PSAC member and incurred severe damages between April 1, 2016 and March 31, 2020 as a result of Phoenix pay issues.
Depending on the type of claim, a minimum threshold of $1,500 may apply. This means that you are eligible for compensation if the total amount of your claim exceeds $1,500. This minimum threshold will only be applied once for all claims submitted through this process.
These claims can include:
- financial costs or lost investment income due to delays in pay;
- leave taken because of health issues;
- severe damages and personal hardship, including mental anguish.
For other examples of severe impact claims, you can click on the "More information on severe personal and financial impacts due to Phoenix" link at the bottom on this page.
General damages – Retired and former PSAC members
We are working to ensure retired and former PSAC members are compensated as quickly as possible for general damages caused by Phoenix. The Treasury Board indicated that the claims process for retired and former PSAC members will be launched in December 2021. We continue to press for specific dates and quick settlement.
- More information on severe personal and financial impacts due to Phoenix
PSAC members who have suffered severe losses due to the Phoenix pay system, such as major financial losses (cars, homes, investments etc.), and longer-term impacts like ruined credit ratings, or significant personal hardship will be entitled to claim additional damages.
A member who has incurred a loss that exceeds $1,500 in value can make a claim for major financial hardship or mental anguish caused by the Phoenix pay system that includes, but is not limited to:accumulated interest on outstanding amounts for loans, mortgages, credit card or other debts due to delayed severance or pension payments; issuance of interest on delayed severance, pension or missing pay; use of sick leave or other paid or unpaid leave for illness (the $1,500 threshold does not apply in this case); loss of security clearance, bankruptcy or significant credit rating impact, whether solely or in part caused by the Phoenix pay system; forced resignation from the public service because of financial hardship.
Details on the claims process for losses and damages related to the Phoenix pay system, is available here.
Make sure to keep a copy of the claim form for your records, as well as all of your receipts and/or appropriate documentation.
The employer has up to 2 years from the time they receive the necessary information to make a decision. If the employer denies your claim, in whole or in part, you have the right to file a grievance. Details on the process for filing a grievance will be posted when it becomes available.
The employer is in the process of setting up a new claims office to process claims for damages for severe impacts and other demonstrable cases following the signing of this agreement. Once the claims process is set up, claims will be made directly to the employer and not through PSAC.
- compensation for individuals on maternity, parental or disability leave who experienced pay issues (the $1,500 threshold does not apply in this case);
- mental anguish and trauma that interfered with their ability to lead a normal life, whether solely or in part by the Phoenix pay system;
- financial losses from cashing-in public investments or RRSPs due to unpaid earnings;
- claims alleging a discriminatory practice as defined under the Canadian Human Rights Act;
- claims for damages for situations which disclose comparable personal hardship or impact caused in whole or in part by the Phoenix pay system.