PSAC Pay Equity

Answers to some questions about the impact of the Human Rights Tribunal decision

You’ve got questions?  PSAC doesn’t have all the answers but will post answers to the most frequently asked questions about the decision from time to time.  Here are some of the answers we have now.  E-mail your questions to:   questions@psac-afpc.com

Canadian Human Rights Tribunal: http://www.chrt-tcdp.gc.ca/

Q:  Who is affected by this decision?

A:  The decision applies to current and former employees who worked in positions classified in the CR group at Canada Post at any time during the period covered by this decision.

Q:  What time period is covered by this decision?

The time period covered by the decision is from the retroactive date, August 24, 1982, until June 2nd, 2002, the date the Treasury Board classification system was superceded by a new gender neutral job evaluation plan at Canada Post.

Q:  What happens after the decision is released?

A:  The Tribunal’s decision is binding.  Any of the three parties - the PSAC, Canada Post or the Canadian Human Rights Commission - has the right to appeal the decision if they believe there is an error in fact or in law in the Tribunal’s decision. 

The appeal process does not stop the Tribunal’s decision from being implemented unless the Federal Court can be convinced otherwise.

Q:  What will the PSAC do if Canada Post tries to appeal the decision?

A:  The union will oppose any appeal by Canada Post and will mount a political campaign to pressure the government to have Canada Post drop the appeal.

Q:  Who do I contact to obtain payment?

At this time, all inquiries and questions should be directed to Canada Post.  As the employer, they possess the pay records necessary to calculate how much you are owed.  Inquiries should be directed to Moya Greene, President and CEO, Canada Post Corporation, Suite N1250, 2701 Riverside Drive, Ottawa Ontario, K1A 0B1 or to Christopher Graham, Director, Payroll Operations, Suite C0192, 2701 Riverside Drive, Ottawa Ontario, K 1A 0B1 ( 613-734-9476)

Q:  How much money will I receive?

The union is not in a position to calculate what each affected individual may receive.  Canada Post will have to apply the Tribunal decision to each individual’s specific employment record to calculate what they are owed.

Q:  When can I expect to receive the money?

A:  There is no way the PSAC can accurately predict how long it will be before the first payments are received.  The PSAC will do everything in its power to ensure payments are made as promptly as possible.  However, the issuing of payments will depend on whether or not Canada appeals the Tribunal’s decision.  We anticipate it will take several months after any appeals by Canada Post are dismissed before anyone will receive any payment. 

Q:  What happens to the payments in the case of deceased persons?

A:  The estate of the deceased person is entitled to the all monies due to the former employee. 

Q:  Will this affect my current rate of pay at Canada Post?

A:  No, the current rates of pay at Canada Post are set out in the current collective agreement. 

Q:  How will Canada Post get the cheques to retired or former employees?

A:  Prior to the decision, Canada Post refused to meet with the PSAC and provide us with any information regarding their pay administration processes.   As result, we cannot provide any information on Canada Post’s procedures or processes for making equal pay payments.  At this time, anyone who believes they may be entitled to compensation under the Tribunal’s Order, should write to Canada Post requesting compensation and providing their current mailing address.  Write to Moya Greene, President and CEO, Canada Post, Suite N1250, 2701 Riverside Drive, Ottawa ON K1A 0B1.

Q:  If Canada Post appeals the Tribunal decision, what happens next?

A:  If Canada Post appeals the Tribunal’s decision, the appeal will first be heard by the Federal Court-Trial Division.  If necessary, this appeal decision could be appealed to the Federal Court of Appeal.  Following that, the Supreme Court of Canada could be asked to grant leave to hear the appeal of the Federal Court of Appeal’s decision.  This is a discretionary decision by the Supreme Court and is often not granted.  An appeal may be abandoned at any time by the party that filed the appeal.

Q:  What can the PSAC do to stop Canada Post filing an appeal?

A:  There is nothing legally speaking that anyone can do to prevent any of the parties in this case from filing an appeal with the Federal Court-Trial Division or the Federal Court of Appeal. We will however mount an active political campaign directed towards the government, as the true employer, to force Canada Post to abandon any appeal they file.  Twenty-two years is already far, far too long to wait for justice.

Q:  How long will the appeal process take?

A:  There is simply no way we can accurately predict how long the appeal process could take.  The PSAC will seek to expedite the appeal process as far as possible, however there is no guarantee the court will agree to speed up the process.  There is likewise no way of accurately predicting how long it will take to schedule hearing dates, conduct the hearing or for the Court to render its decision.  The same scenario would be followed if the case is appealed to the Federal Court of Appeal. 

It is safe to say however that the entire appeal process could take at least a couple of years. This is why everyone will need to get behind the union’s efforts to convince the government and Canada Post not to appeal or to withdraw any appeal.