PHOENIX

For our current Phoenix process please visit the Phoenix section of our website.

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 indicating areas which will demonstrate:

• 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 (insert pay article number from your Collective Agreement), Appendix A-1 (or relevant pay appendix), and any and all other relevant articles of the Collective Agreement, related legislation, and policy including but not limited to the TBS Pay Administration Policy 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).

I grieve that the employer has failed to resolve my compensation issues by failing to pay me properly for the work I have performed.

PA: Article 67 & Appendix A
SV: Article 68 & Appendices A-H
TC: Article 67 & Appendix A
EB: Article 26 & Appendix A

If the employer’s failure impacts members in a group protected under the Canadian Human Rights Act (CHRA).

The employer has violated the No Discrimination Article of the Collective Agreement and related policy and legislation including but not limited to the Canadian Human Rights Act by discriminating against me by the improper provision of pay and/or by failing to accommodate me on the basis of my disability.

NOTE: Only grievances demonstrating discrimination based one of the prohibited grounds contained in the CHRA and/or the No Discrimination clause of your collective agreement may be referred to adjudication. An example of a potential grievance would be a member who is on a 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.

Corrective Action:

I request that the employer compensate me immediately as per the Pay Administration Article (e.g. 67 in the PA Agreement), Appendix A-1 (or relevant pay appendix), and any and all other relevant articles of the Collective Agreement, related legislation, and policy;

I request immediate payment of any and all outstanding compensation that I am entitled to;

That I be treated with the full intent of my collective agreement, related legislation, and policy and that full redress be granted so that I be made whole.

For those claiming discrimination only:

I request damages pursuant to subsection 53(2), 53(3) and 53(4) of the Canadian Human Rights Act.

For more information about filing a Phoenix-related, or other, grievance, please contact your Shop Steward or Local President.