Adjudication Processes for Phoenix-related Grievances PDF (636KB)

Natalie Talbot and Anne Sabourin
Administrative Tribunals Support Services of Canada, FPSLREB Legal Services
On behalf of the FPSLREB
February 26, 2026

About this webinar

• You will learn about the Board’s processes for Phoenix grievances.
• You will learn how the Board’s processes differ for various Phoenix-related grievances.
• You can use the resources listed later to find out more.
• This presentation is provided for informational purposes and does not constitute legal advice. For specific questions, please contact your legal representative.

Why we’re giving this webinar

To outline and clarify the Board’s three adjudication processes for these specific Phoenix matters:

1. The accelerated adjudication process for severe impact claims
   • grievances referred under the 2019 and 2020 damages agreements.
2. The overpayment recovery adjudication process (ORAP)
   • grievances challenging recoveries of (or attempts to recover) salary overpayments from Phoenix errors.
3. The regular adjudication process
   • all other Phoenix- or pay-related grievances.

The two damages agreements

The Treasury Board and the core public administration bargaining agents reached two agreements:

1. Phoenix pay system damages agreement (2019), (“2019 Damages Agreement”)
   • 16 bargaining agents (not PSAC)
2. Phoenix pay system damages agreement (2020), (“2020 Damages Agreement”)
   • PSAC

This presentation does not interpret these agreements. Contact your legal counsel with your questions about them.

The two accelerated adjudication processes

These two accelerated adjudication processes were developed for severe impacts claim grievances covered by the two damages agreements:

1. Procedural Guide for the Accelerated Adjudication of grievances filed in accordance with the Phoenix Pay System Damages Agreement (2019)
   • The Board developed this process in collaboration with the parties to the 2019 Damages Agreement (Treasury Board of Canada, separate agencies, and 16 bargaining agents).
   • In effect from October 17, 2023, until the Board’s Chairperson revokes it.
   • Referred to as “Accelerated Adjudication, 2019 Damages Agreement”.
2. Procedural Guide for the Accelerated Adjudication of Grievances filed in accordance with the Memorandum of Agreement on Damages caused by the Phoenix Pay System (2020)
   • The Board developed this process in collaboration with the parties to the 2020 Damages Agreement (Treasury Board of Canada, separate agencies, and PSAC).
   • In effect from June 24, 2024, until the Board’s Chairperson revokes it.
   • Referred to as “Accelerated Adjudication, 2020 Damages Agreement”.

Which Phoenix grievances use the Board’s accelerated adjudication processes?

Only grievances claiming damages for severe impacts and other demonstrable cases under the two damages agreements:

• 2019 Damages Agreement (non-PSAC members): paragraphs 21 (a) to (l)
• 2020 Damages Agreement (PSAC members): sub-clauses 24 (a) to (l)
• $1,500 threshold for severe impacts claims, unless otherwise stated
• Damages from 4 fiscal years: 2016/17, 2017/18, 2018/19, 2019/20

Remember:

• A severe impacts claim must have been filed for severe impacts and other demonstrable cases under one of the damages agreements for a grievor to use the accelerated adjudication processes
• $1500 threshold for claims, unless otherwise stated
• The Phoenix Claims Office issues a decision on the severe impacts claim

Accelerated adjudication: Information required from the bargaining agent on referral

Accelerated adjudication, 2019 Damages Agreement (non-PSAC)

• File the Notice of Reference to Adjudication of an Individual Grievance form in the E-Filing portal
• You must indicate on the form “referral to accelerated adjudication of a Phoenix claim”
• Indicate if you are interested in mediation
• Identify whether the grievance falls under paragraphs 21(a) to (f) or (g) to (l) of the 2019 Damages Agreement
• Include the employer’s decision on the severe impacts claim

Accelerated adjudication, 2020 Damages Agreement (PSAC)

• File the Notice of Reference to Adjudication of an Individual Grievance form filed in the E-Filing portal
• You must indicate on the form “referral of a Phoenix severe impact claim grievance”
• You must indicate your choice of adjudication process: formal or accelerated
• Indicate if you are interested in mediation
• Identify which sub-clause(s) [24(a) to (l)] of the 2020 Damages Agreement the grievance falls under
• Include the employer’s decision on the severe impacts claim

Accelerated adjudication, 2019 Damages Agreement (non-PSAC): e-filing requirements

Important – include this information when you file a severe impacts claim grievance under this agreement:

• Select “Phoenix Claim” from the dropdown menu under s. 209(1)a)
• Check “Pay System Related”
• Write “referral to accelerated adjudication of a Phoenix claim”
• Identify whether the grievance falls within paragraphs 21(a) to (f) or 21(g) to (l) of the 2019 Damages Agreement
• Indicate if interested in mediation
• Include the employer’s decision on the severe impacts claim

Accelerated adjudication, 2020 Damages Agreement (PSAC): e-filing requirements

Important – include this information when you file a severe impacts claim grievance under this agreement:

• Select “Phoenix Claim” from the dropdown menu under s. 209(1)a)
• Check “Pay System Related”
• Indicate whether it is to be a formal or accelerated adjudication process
• Identify the contested sub-clause(s) 24(a) to (l) of the 2020 Damages Agreement
• Indicate if interested in mediation
• Include the employer’s decision on the severe impacts claim

Accelerated adjudication, 2019 Damages Agreement (non-PSAC)

All grievances follow the accelerated process

Proceedings in writing

• Grievances under paragraphs 21(a) to (f) of the 2019 Damages Agreement
  • are decided based on an agreed statement of facts, agreed documents, and written submissions
  • the Board has the discretion to order an oral hearing

Oral hearing

• Grievances under paragraphs 21(g) to (l) of the 2019 Damages Agreement
  • heard by videoconference or in person
  • the parties are to file an agreed statement of facts and relevant documents before the hearing

Accelerated adjudication, 2020 Damages Agreement (PSAC)

Choice of process: formal or accelerated

Proceedings in writing

• Grievances under sub-clauses 24(a) to (c) and (f) of the 2020 Damages Agreement
  • are decided based on an agreed statement of facts, agreed documents, and written submissions
  • the Board has the discretion to order an oral hearing

Oral hearing

• Grievances under sub-clauses 24(d), (e), and (g) to (k) of the 2020 Damages Agreement
  • heard by videoconference or in person
  • the parties are to file an agreed statement of facts and relevant documents before the hearing

The Board determines the hearing type:

• Grievances under sub-clause 24(l) can be decided in writing or by an oral hearing, at the Board’s discretion

Accelerated Adjudication: Final decision

• The Board will issue its decision within 40 working days, unless:
  • The parties consent to a longer period, or
  • The Board determines that circumstances warrant a longer period.
• The Board’s decision is final and binding on all parties.
• Decisions are only to be relied on by the parties in other severe impacts claim grievances that follow the accelerated adjudication process

When the Overpayment Recovery Adjudication Process (ORAP) applies

• In effect from December 2, 2025, until the Board’s Chairperson revokes it.
• For grievances against the employer’s recovery of (or attempts to recover) salary overpayments from Phoenix errors.
  • Only overpayments caused by Phoenix errors – not other errors (e.g., manager input of incorrect information, overpayment of entitlements…)
• The bargaining agent must indicate on the form that it is an overpayment recovery grievance (Pay-Recovery)
• The Board creates a list of overpayment recovery grievances.
  • The initial list was sent to the parties on December 15, 2025.
  • The parties can make submissions if they want a case held in abeyance or advanced in priority.
• Quarterly, the Board will send a list of the grievances to be dealt with under the ORAP for that quarter.

ORAP e-filing portal requirements

Important – include this information when you file an overpayment recovery grievance:

• Under s. 209(1)(a), select “Pay - Recovery”
• Check “Pay System Related”

ORAP submissions and disclosures

• Within 35 calendar days of notice that a grievance is on the quarterly list, the employer provides:
  1. A statement of the basis of the overpayment.
  2. Documents.
• Within 35 calendar days of receiving the employer’s submissions and disclosure, the bargaining agent provides:
  1. A written outline of the basis of the grievance.
  2. Documents.
  3. A statement under solemn affirmation.
• Within 35 calendar days of receiving the grievor’s submissions and disclosure, the employer provides:
  1. A written outline of its position.
  2. Documents that it will rely on that have not already been provided.

ORAP adjudication formats

The Board member may order the type of proceeding: written, hybrid, or another process.

Written proceedings

• The documents filed earlier will be deemed to form the evidence before the Board.
• At the Board member’s discretion, the parties may ask for and receive leave to file supplemental evidence in writing or through an agreed statement of facts.

Hybrid proceedings

• The documents filed earlier, except for the grievor’s statement, will be deemed to form the evidence before the Board.
• Written statement of evidence are exchanged, under solemn affirmation.
• An oral hearing is held, typically for one day, either in person or by videoconference.

The Board member renders a formal written decision that is then published on the Board’s website.

Other Phoenix-related grievances

If the grievance is about a grievor’s pay or the Phoenix Pay System but is not related to any of these:

1. a severe impacts claim under s. 21 of the 2019 Damages Agreement (non-PSAC),
2. a severe impacts claim under s. 24 of the 2020 Damages Agreement (PSAC), or
3. the recovery of, or an attempt to recover, an overpayment from a Phoenix error, then it is referred to the Board and follows the formal adjudication process, even if it involves the Phoenix Pay System.

Other Phoenix-related grievances: E-filing

Important – include this information when you file other Phoenix-related grievances:

• Under s. 209(1)(a), select “Pay” or another subject
• Check “Pay System Related”

Do not select “Phoenix Claim”

• “Phoenix Claims” applies only to grievances under the severe impact claims process described in the two damages agreements

Mediation and settlement conferences

Accelerated adjudication of severe impacts grievances

Mediation

• Send mutual requests for mediation services to mdrs-smrd@fpslreb-crtespf.gc.ca.
• Any applicable time limits are suspended during mediation.

Settlement conferences

• The Board may convene one at anytime before the decision is rendered, or at the request of one or both parties.

ORAP

Mediation

• Send mutual requests for mediation services to mdrs-smrd@fpslreb-crtespf.gc.ca for a mediator or an early resolution officer.
• Time limits may be suspended.

Settlement conferences

• The Board may convene one at anytime before the decision is rendered, or at the request of one or both parties.

The Board’s usual procedure for grievances

Mediation

• The parties may agree to participate in mediation at any time during the proceedings. The parties may jointly request to have the matter referred to MDRS.
• Time limits may be placed in abeyance.

Settlement conferences

• The Board may convene one at anytime before the decision is rendered, or at the request of one or both parties.

Relevant documents

• Phoenix pay system damages agreement (2019) (applies to non-PSAC members)
• Procedural guide for the accelerated adjudication of grievances filed in accordance with the Phoenix pay system damages agreement (2019)
• Phoenix pay system damages agreement (2020) (applies to PSAC members)
• Procedural guide for the accelerated adjudication of grievances filed in accordance with the memorandum of agreement on damages caused by the Phoenix pay system (2020)
• Overpayment recovery adjudication process