FAQ on Phoenix Damages Agreement
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1. Does this mean I won't get the pay I am owed due to Phoenix?
The full text of the agreement can be viewed here.

You will still receive any outstanding amounts owed to you that you may not have received due to Phoenix. The Association continues to work with the Employer to try and fix old Phoenix pay problems and minimize the risk of new ones.
2. What is being awarded?
As a starting point, up to five days of leave are being awarded to every employee (2 days for employees who worked at least one day in 2016-17, 1 day for 2017-18, 2018-19 and 2019-20 respectively). In addition, we have also created an expedited process for resolving more serious damages cases and expanded what is eligible for reimbursement.

3. Which period do these damages cover?
The agreement covers damages for the following four fiscal years: 2016-17, 2017-18, 2018-19 and 2019-20.

4. Does this mean I won't be eligible for other damages?
No. In fact, the agreement creates a faster, dedicated process for resolving individual claims.

5. I have retired or left the public service. Am I eligible?
Yes. Former employees are eligible for the same entitlements for the years that they were on strength, except it will take the form of a cash payment. These days are subject to any applicable statutory deductions and are non-pensionable.

Details on how to apply will be available shortly.

6. How long will it take for the leave days to be added to my leave bank?
The Employer has committed to fully implementing the agreement within 150 days of signing. The 5th day of leave is to be credited within 150 days of the end of the 2020 fiscal year-end.

As employees who have retired or left the public service need to apply for a cash-out, this process may take longer.

7. Why did it take two years to come to this agreement?
There were several reasons. First, the problem itself is complex. Second, the process of negotiating this agreement involved multiple parties with a variety of interests. Finally, the scope of the problem accelerated over the duration of these talks.

8. What if another union negotiates a better settlement?
In the highly unlikely event that another union secures improvements to this deal, the Employer has committed to making those same improvements to this deal.

9. How was five days of leave reached as appropriate compensation?
The five days of leave were reached as an attempt to address the immense frustration caused to employees and as a product of negotiation with the employer. Leave was chosen instead of a monetary form of compensation, as it is a tangible benefit that is both flexible and easily administered without having to further bog down the Phoenix pay system.

10. What criteria do I need to meet to qualify for the leave bank credits?
In order to qualify for each fiscal year's worth of leave, an employee needed only to be employed for one day in that fiscal year(s), whether or not they were on leave, assignment or otherwise not active. For example, if you were hired to the federal public service on September 1, 2018, and have been employed since then, you will get two days of leave credited to your leave bank (2018-19 and 2019-2020 fiscal years).

11. Are the leave days prorated if I didn't work the full year?
To qualify for each year's leave, you only need to have been employed one day in that fiscal year. You will receive one day in compensatory leave for each year in which you were employed for one day.

12. Can I cash out the leave days?
These additional days are treated the same as annual leave and are subject to the same cash-out provisions in your collective agreement.

13. What are the criteria to use the leave days? It is the same as vacation days?
All of the criteria are the same as the annual leave provisions in your collective agreement.

14. Can we expect more leave days in the future seeing how Phoenix issues will continue?
Further negotiations will take place later in this fiscal year if Phoenix is still affecting members. For as long as there are Phoenix issues, we will seek damages and compensation through all appropriate channels.

15. I have incurred direct expenditures due to Phoenix, what should I do?
You can complete a Claim Form for Additional Financial Expenses Incurred Because of Phoenix Pay System Errors here:

https://www.canada.ca/en/treasury-board-secretariat/services/pay/claim-form-expenses-incurred-phoenix-errors.html

You may also consult our FAQ or contact your regional Governing Council representative for assistance.

16. I was severely impacted by Phoenix, do I have another recourse for more damages?
Employees will be able to file claims and the employer will engage in a detailed review of these claims. A threshold of $1,500 will apply, in some cases, and a complete list of eligible expenses will be made available soon.

17. How does this Phoenix damages agreement affect collective bargaining?
The collective bargaining process is not affected. This is a partial grievance settlement not a collective agreement.

18. What happens if there is a change in government as a result of the upcoming election?
A change in government will not change the Employer's responsibility to honor the agreement.

19. How does this affect the Phoenix policy grievance filed in 2016?
The AJC filed Policy Grievances where all members experiencing pay issues are covered with the FPSLREB in response to non-payment of Performance Pay for the 2015-16 and subsequent years and non-payment of the lockstep pay increments that were due on May 10, 2016 and subsequent years. These grievances was referred to adjudication and were to be heard on March 27th, 2017. However, the parties agreed to adjourn the hearings in order to discuss the issue of damages on a without prejudice basis at a newly established Union Management Consultations Committee (UMCC) subcommittee on damages. We also filed a Policy Grievance on January 27th, 2017 covering all other Phoenix-related pay issues.

All of the Phoenix-related Policy Grievances are being held in abeyance and can be reactivated at any time.

This agreement only resolves what is dealt with within this framework. If you're still owed pay or if you have any outstanding damages claims pursuant to this agreement, the policy grievances continue to preserve your rights both for past and future Phoenix-related breaches. The Representations Committee will not withdraw these grievances until all Phoenix-related pay matters have been resolved.

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