While the government has announced that employees who have incurred financial expenses because of pay problems may submit a claim, Agriculture Union is encouraging members who have been financially impacted by Phoenix to file a grievance as well, so as to protect their rights.
For those members who would like to file a Phoenix-related grievance, Agriculture Union recommends the following:
For all members filing grievances:
- that upon filing their individual grievance, proceed with the presentation at the first level. If unresolved, file a transmittal to the second level and request it be held in abeyance at the 2nd level until the government has finalized all of the Phoenix issues.
- send an email to firstname.lastname@example.org so that the National Office can keep track of all Phoenix Pay System grievances being filed.
If members are not reimbursed for all of their losses, then their grievance can be reactivated through the grievance process of their respective collective agreement.
To file a Phoenix-related grievance, it will be extremely important that members have all the necessary documentation to argue the losses that they have suffered. The documents include, but are not limited to: pay stubs, work records, receipts, bank statements indicating overdraft or other charges or penalties, credit card statements, letters from landlords, financial institutions, etc. This would also include certification from a medical doctor who is willing to relate the sick leave to hardships related to Phoenix. The supporting document should demonstrate the following:
- What payments should have been made, in what amounts, and on what dates;
- When payments were made, in what amounts, and when they were made;
- How specifically the delay contributed to financial difficulties such as interest charges or penalties;
- Employees efforts to seek priority payments from their departments must also be included in the documentation, with evidence of requests and evidence of any refusals.
- For those citing the No Discrimination Article, the grievance documentation should establish clearly how the employer’s failure to pay on time and accurately is related to one of the prohibited grounds of discrimination.
Suggested Grievance wording:
- I grieve that the employer has violated the Pay Administration Article (e.g. 64 (PA); 63 (CFIA); 61 (SV); 65 (TC); or 26 (EB)) of my Collective Agreement and any and all other relevant articles of my Collective Agreement, related legislation, and policies by failing to pay me accurately, on-time (or by repeatedly failing to pay me accurately and on-time) for the work I have performed, as per the employer’s usual practice. (i.e. bi-weekly, by direct deposit).
(If related to overtime pay, or allowances, list those articles)
If the employer’s failure to pay members accurately has had a disproportionate impact on individuals due to their membership in a group protected under the Canadian Human Rights Act (CHRA) (ie disability, family status, sex, race, etc.) grievances should also specifically cite the No Discrimination Article of the Collective Agreement. Sample language:
- I grieve the employer has violated the No Discrimination Article (e.g. 19 (PA); 18 (CFIA); 19 (SV); 19 (TC); or 16 (EB) ) of my Collective Agreement and any and all other related policies and legislation including but not limited to the CHRA by discriminating against me by the improper provision of pay and/or by failing to accommodate me on the basis of my disability (for example, a member who is on gradual return to work but is not being paid on time may have difficulty with the return to work due to a lack of funds to pay for transportation, food, maintain shelter etc.).
- that the employer cease discriminating against me on the basis of (identify grounds)
- any and all salaries, monies, leave and benefits lost as a result of the employer’s actions or inactions be reimbursed to me retroactive to the date the action occurred with interest;
- any and all other remedies deemed just in the circumstances; and
- that I be made whole.
For those claiming discrimination on the basis of a prohibited ground of the CHRA add:
- damages pursuant to subsections 53(1)(e) and 53(3) of the Canadian Human Rights Act;
- that the employer fulfills its duty to accommodate by accommodating (identify type of restriction; could be as a result of medical restrictions, family status, religious obligations etc).
Members who have filed a grievance citing the No Discrimination clause may also file a Human Rights Complaint. (http://www.agrunion.com/en/documents/15-HumanRightsIssues.pdf)
For more information about filing a Phoenix-related, or other, grievance, please contact your Shop Steward or Local President.