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24 May 2023
Public Service Alliance of Canada v. House of Commons

Firms / Organizations involved

RavenLaw LLP; Emond Harnden LLP

Applicant

PUBLIC SERVICE ALLIANCE OF CANADA
Law Firm / Organization
RavenLaw LLP
Lawyer(s)

Andrew Astritis

Simcha Walfish

Respondent

HOUSE OF COMMONS
Law Firm / Organization
Emond Harnden LLP
Lawyer(s)

Carole Piette

Jean-Michel Richardson

  • The application reviewed an April 21, 2021, arbitral award by the Federal Public Sector Labour Relations and Employment Board.
  • The Board rejected an appendix proposal for the House of Commons employees' collective agreement.
  • The proposal offered $2,500/member for damages from the Phoenix pay system, mirroring a 2020 Phoenix settlement with the Treasury Board.
  • The review's standard was reasonableness.
  • The applicant deemed the award unreasonable, feeling the Board overlooked the issues faced by House of Commons employees.
  • They argued that the Board misunderstood the 2020 settlement, which didn't require evidence of stress for damages.
  • As evidence, they cited Canada Revenue Agency employees who received a lump sum without proving Phoenix-related stress.
  • The Court found the applicant's arguments lacking; the Board's decision appeared reasonable.
  • Citing Vavilov, decisions should be coherent and justifiable.
  • The Board's authority in interest arbitration was emphasized, noting the importance of finality in labor cases.
  • The decision indicated the Board made a considered, rational choice.
  • The Court noted insufficient proof that House of Commons employees had comparable stress to core public administration employees.
  • The applicant's request for the Court to re-evaluate evidence exceeded the Court's role.
  • Ultimately, the Court dismissed the application for judicial review, imposing costs.

Court

Federal Court of Appeal

Case Number

A-122-21

Practice Area

Labour law

Amount

Winner

Respondent

Trial Start Date

30 April 2021

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