Overview
The lawsuit alleges that the Government of Canada failed to meet its obligations to its employees in the implementation of the Phoenix pay system and in managing the issues that arose from it. The action seeks compensation for employees affected by the introduction of Phoenix since February 2016.
On April 3, 2018, the Superior Court granted the request for authorization to proceed with a class action.
The authorization judgment excluded individuals who have a grievance right under the Federal Public Sector Labour Relations Act. Those excluded must file a grievance to preserve their rights. If there is any uncertainty about one's right to a grievance, it is recommended to consult with the union or, if not a union member, with the employer.
On May 2, 2018, the plaintiff appealed the Superior Court's decision to include non-unionized employees who have access to the grievance system.
The appeal was heard by the Quebec Court of Appeal on November 21, 2018, which rejected the appeal.
In January 2020, a request for a leave to appeal the Quebec Court of Appeal's decision was submitted to the Supreme Court of Canada.
On April 23, 2020, the Supreme Court refused to hear the appeal.
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