A Federal Court docket choose has ordered a full listening to to assessment the Public Service Alliance of Canada’s (PSAC) software to quash the brand new three-day-a-week workplace mandate for federal employees this fall.
The Treasury Board Secretariat introduced in Could that each one federal employees within the core public administration might be required to be within the workplace a minimal of three days every week, beginning Sept. 9. All executives will have to be within the workplace a minimal of 4 days every week.
PSAC launched a authorized problem to the brand new return-to-office mandate in Could, asking for a judicial assessment of the Treasury Board’s resolution to amend the hybrid work coverage. On Thursday, Justice Glennys McVeigh dominated the Federal Court docket will maintain a full listening to into PSAC’s authorized software.
Within the resolution, McVeigh writes the Lawyer Common’s legal professionals representing the Treasury Board launched a movement to dismiss the applying.
“It can’t be mentioned that the Lawyer Common’s argument clearly renders the kind of ‘present stopper’ or “knockout punch” essential to strike PSAC’s Utility at this stage,” McVeigh writes.
“Though I’m selecting to not train my discretion to strike the Utility at this stage, this resolution shouldn’t be interpreted as an endorsement of PSAC’s arguments. I merely conclude that the events should argue this matter based mostly on a full file.”
PSAC calls the choice a “authorized victory” within the struggle to vary the brand new workplace mandate.
“The Federal Court docket’s resolution to listen to our case is a crucial win for federal employees combating for a good and clear method to telework,” mentioned Sharon DeSousa, PSAC’s nationwide president. “Distant work is the way forward for work, and we gained’t let the federal government off the hook for breaking their commitments and ignoring the voices of federal public service employees.”
PSAC says the listening to might be a “main step for unions and employees on the lookout for transparency round its resolution to convey employees again into the workplace.”
“The federal government will now must make their case and current their reasoning for making the choice to convey employees again to the workplace,” the union mentioned.
The Federal Court docket ruling asks for a case supervisor to be appointed to help the events in bringing the problems earlier than the courtroom “in a well timed method.”
In Could, federal unions introduced they might launch authorized challenges and inspired public sector employees to file “tens of 1000’s” of grievances over the brand new mandate.
Tens of 1000’s of federal employees started working from dwelling firstly of the COVID-19 pandemic. In March 2023, the federal government applied the present hybrid work coverage requiring federal public servants to work within the workplace two or three days every week.
PSAC is launching a $1 million marketing campaign to protest the brand new workplace mandate.
Earlier this week, the Deputy Clerk of the Privy Council informed CTV Information Ottawa the brand new mandate is motivated by the federal government’s capacity to carry out as a corporation.
“That is actually why we wish folks again,” Christine Fox mentioned.
Fox says it is going to be higher for workers’ careers and create a greater work surroundings.
“I feel that our expectation is that, as we construct stronger groups and stronger cultures, that results in higher companies to Canadians, which is our final goal,” mentioned Fox.
With recordsdata from CTV Information Ottawa’s Natalie van Rooy
