PSAC federal worker strike 2023: Rights for working parents

Are federal public service workers in Canada still on strike?

No. After several days of strike action, the union representing more than 150,000 federal public service workers across Canada has reached tentative agreements with the federal government.

In a statement on May 4, the Public Service Alliance of Canada (PSAC) announced that its members at the Canada Revenue Agency (CRA) have been instructed to return work.

After more than a year of bargaining, leading to one of the largest strikes in Canadian history, PSAC-UTE has reached a tentative agreement for the more than 35,000 Canada Revenue Agency workers who deliver critical services to Canadians. Read more: https://t.co/rhGJi50rHy (1/2) pic.twitter.com/Wtnxh2d36l

— PSAC-AFPC (@psac_afpc) May 4, 2023

The announcement comes three days after the union secured a deal for its Treasury Board members.

“During a period of record-high inflation and soaring corporate profits, workers were told to accept less — but our members came together and fought for better,” PSAC national president Chris Aylward said in a statement on May 1.

“This agreement delivers important gains for our members that will set the bar for all workers in Canada.”

Striking Treasury Board workers came from four different bargaining units: Program and Administrative Services, Operational Services, Technical Services, and Education and Library Services.

Prior to the strike, PSAC noted multiple times that its CRA and Treasury Board members had been without a contract since 2021.

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Highlights of the tentative agreement

• Wage increases totaling 12.6 per cent compounded over the life of the agreement from 2021-2024.
• Access to additional protection when subject to arbitrary decisions about remote work.
• In the event of a layoff, PSAC members won’t lose their job if they can perform the duties of a contractor already working with the federal government.
• Seniority rights to be included in the Workforce Adjustment process.
• Commitment to a diverse workforce with strong Indigenous representation.

Impact of the strike

Labour action by tens of thousands of federal public service workers can affect non-unionized employees and their families in a variety of ways.

The national general strike by PSAC’s CRA and Treasury Board members disrupted a number of essential services that Canadians rely on.

If you are a working parent, it’s crucial that you understand your rights during a strike.

Does my employer have to give me time to find adequate child care services during a strike?

In Canada, federal and provincial human rights legislation protects non-unionized workers in Canada from discrimination on the basis of family status.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

Your employer is legally obligated to accommodate your job duties when they clash with your responsibilities as a parent or caregiver to family members.

However, since strikes are temporary, it’s not particularly practical for employees to enrol their children in an alternative child care program for an unknown period of time.

WATCH: Employment lawyer Lior Samfiru discusses everything employees need to know about the duty to accommodate on an episode of the Employment Law Show.

Does my employer have to let me work remotely if I need to look after my kids during a strike?

In provinces such as Ontario, employers have a duty to accommodate non-unionized workers when their job responsibilities conflict with their obligations as a parent or caregiver to family members.

Depending on the province, your boss may not have to accommodate you if the request creates undue hardship for the company.

However, if you only needed to work remotely during a strike — it would be difficult to prove that this temporary shift would create undue hardship for the business.

As a result, it’s possible you might be able to work from home or another location outside of the office that allows you to take care of your children until a strike ends.

SEE ALSO
• Rights to privacy while working from home
• Do I have to tell my employer I’m working from another province?
• Employment lawyer on working remotely or being forced back to the office

Can my employer make major changes to my job if I need to look after my kids during a strike?

Non-unionized employees in Canada don’t have to accept significant adjustments to their job, such as a demotion or cut in pay. These types of modifications are illegal.

When major changes are made to the terms of your employment without your consent, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to quit your job and pursue full severance pay.

However, you shouldn’t resign before speaking with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that you have been constructively dismissed, assess your legal options, and help you secure the compensation you deserve.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: Employee rights
• Job changes in Alberta: What employees need to know
• Changes to your employment in B.C.: Your rights

How is severance pay calculated?

In Canada, severance for non-unionized employees can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

Our firm’s free Severance Pay Calculator can help you figure out how much you are owed.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance for federally regulated employees
• Rights to severance for provincially regulated employees
• Severance pay in a recession

Can my employer fire me if a strike affects my ability to work?

Employers in Canada can let non-unionized workers go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

This is called a termination without cause. Depending on how a strike affects your ability to work (i.e. making you consistently late for your shift), it’s possible that your boss could fire you with severance.

However, it’s very unlikely that the company would be able to fire you for cause.

This type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

When you are terminated for cause, you may not be entitled to a severance package and it’s likely you won’t be able to access Employment Insurance (EI) benefits.

However, to justify this type of dismissal, your employer must prove progressive disciplinary measures were applied and that a lesser punishment wouldn’t be suitable, which is very difficult to do.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

Fired for taking care of your children?

If a non-unionized employee is fired because they had to take care of their children, and there were no viable alternatives, then the dismissal would likely be discriminatory on the basis of family status.

In addition to full severance pay, there is a very good chance that you would be able to file a human rights complaint.

Successful complaints can result in compensation for the individual who experienced discrimination.

In provinces such as Ontario, non-unionized employees may also be able to seek human rights damages as part of a wrongful dismissal claim.

SEE ALSO
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal
• Recruiter awarded $50K, lost wages after sexual harassment by HR manager
• Alberta admin assistant awarded nearly $40K in discrimination case

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or you believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.