Public Service Alliance of Canada v. Senate of Canada
Public Service Alliance of Canada
Law Firm / Organization
RavenLaw LLP
Senate of Canada
Law Firm / Organization
Emond Harnden LLP

On September 9, 2021, the Federal Public Sector Labour Relations and Employment Board rejected a proposal seeking a new appendix to the collective agreement between the Building Operations Section, Material Management and Logistics Section, and the Senate of Canada. This proposal included a Memorandum of Understanding for a $2,500 lump sum payment to each member for general damages due to the employer's Phoenix pay system implementation. This was an attempt to parallel the 2020 Phoenix settlement agreement between the Treasury Board and core public administration employees. The Board's rejection was based on their belief that the Senate of Canada employees' issues were not as widespread compared to the core public administration's issues. The applicant argued that its members should receive the same damages as those in the 2020 agreement, even if their problems weren't as widespread. The Board was not convinced, considering total compensation and evidence presented. The Court found the Board's decision reasonable, emphasizing that the Board had broad authority in the matter. The Court stated that reweighing the evidence was not its role and dismissed the application for judicial review with costs.

Federal Court of Appeal
A-265-21
Labour law
Respondent
08 October 2021