CAPE accepts government offer to compensate members for  Phoenix damages

Friday, May 17, 2019

Dear all, 

After consulting our members across the country and deliberating with members of the National Executive Committee, we wish to inform you that CAPE has accepted the tentative agreement that was announced Friday May 3 by Treasury Board. 

The offer will speed up the compensation for Phoenix damages and also provide up to five days of vacation days to current and former employees for the frustration caused by the Phoenix payment system. The offer was tabled after two intense years of continuous back and forth between negotiators representing bargaining agents and negotiators representing the Treasury Board Secretariat.

Download our press release 

Download our FAQs

Many meetings were held, questions asked, points raised and perspective shared before reaching this conclusion:
  • AGMs: Since May 3, we have toured the country and discussed this topic at local annual general meeting;
  • EMAILS: We have invited members to submit their questions and concerns by email, which are being answered individually;
  • SPECIAL GENERAL MEETING: We have held a special general meeting in Ottawa on May 15, which was live broadcast, and during which members could share comments and questions in person or by email.
In addition, the tentative agreement calls for the creation of an oversight committee in charge of the implementation of the agreement, creating an obligation for the Treasury Board Secretariat to allow CAPE and other bargaining agents who signed on to this agreement to closely monitor and advise the effective implementation of the agreement.

Terms of the Offer – At a Glance

We have disseminated FAQs early on as we were not authorized to share the tentative agreement itself. However, for a quicker read, we are sharing below a snapshot of the information that details how the offer will benefit our members:
  1. Vacation days:
  • Credit of 2 days of leave for 2016/2017
  • Credit of 1 day of leave for each subsequent year: 2017/2018 + 2018/2019 + 2019/2020
    • Total of 5 days leave between 2016-2020
  • Option to cash out will be possible for eligible former employees or retirees. Current employees will also be able to take advantage of this option in accordance with the terms of their collective agreement.
  • Employees need only to have been on strength for one day in the period covered by this agreement, whether or not they are on leave, assignment or otherwise not active.
  1. Damages for severe impacts & other demonstrable cases:
  • A threshold of $1500 needs to be reached to qualify.
  • With respect to severe Phoenix impacts, employees will be able to file claims for:
    1. Non-speculative investment losses;
    2. Non-speculative lost RRSP deferred taxation advantages, subject to specific conditions;
    3. Interest on outstanding amounts on loans, mortgages, credit cards or other debt instruments, with respect to delayed severance or pension payments;
    4. [For current employees] documented use of sick leave, and other paid or unpaid leave caused by illness stemming from the Phoenix (threshold does not apply);
    5. [For former employees] documented use of other paid (except for sick leave) or unpaid leave caused by illness stemming from the Phoenix (threshold does not apply);
    6. Interest attributable to Phoenix on all delayed severance payments and pensions entitlements and on missing pay;
    7. Alleged discriminatory practice including issues related to maternity, parental or disability leave;
    8. Lost security clearances, bankruptcy or significant credit rating impact;
    9. Employment resignation due to loss of income;
    10. Profound mental anguish or trauma.
  1. Grievance process
  • Grievances for damages filed prior to the date of the agreement will be processed the same way grievances filed after;
  • Employer will not seek to enforce any objection of timeliness with respect to the grievance process until two (2) years from the date of the signature of the agreement.
We would like to remind you that this agreement does not cover remuneration owed and the question of the Phoenix system replacement, nor does it stop or impact the work underway to fix those other important issues.

CAPE will update you on the progress made with the implementation of this agreement.

If you have suffered from Phoenix, we encourage you to contact CAPE’s Labour Relations Officers – find out here who is responsible for your department.
Copyright © 2018, ACEP-CAPE, All rights reserved.

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