The Public Service Alliance of Canada has paused a court challenge at the Federal Court over the government’s three-day return-to-office mandate. Read MoreThe pause will let the federal labour relations board determine if it has jurisdiction over the government’s return-to-office policy.
The pause will let the federal labour relations board determine if it has jurisdiction over the government’s return-to-office policy.
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The Public Service Alliance of Canada has paused a court challenge at the Federal Court over the government’s three-day return-to-office mandate.
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The abeyance, or pause, was requested on July 31 in order to let the Federal Public Sector Labour Relations and Employment Board determine if it has jurisdiction over a policy grievance brought by PSAC challenging the mandate.
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“If the Board takes jurisdiction over the entire matter, it may no longer be necessary to proceed with this Application, at which time the Applicant would intend to discontinue this matter,” Andrew Astritis, PSAC’s lawyer, wrote in a filing with the Federal Court.
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In September 2024, the federal government implemented its new mandate, which required many public servants to work in an office for at least three days a week. Executives were required to be on site for four days a week.
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The unions that represent federal public servants met the change with outrage, holding rallies and launching grievances.
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PSAC, which is the largest federal public sector union, first asked the Federal Court to review the government’s new policy after it was announced in May 2024. Then in September 2024, a Federal Court judge dismissed a motion by the federal government asking for the application to be dismissed, opening the door for a full hearing.
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There is now uncertainty whether the court will even hear the union’s application after PSAC also filed a grievance at the Federal Public Sector Relations and Employment Board about the issue.
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PSAC did not provide comment by deadline.
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If the board takes jurisdiction over a portion of the grievance, it could “narrow the issues” at the Federal Court, PSAC’s pause request added. The Federal Court granted the abeyance pending the board’s final decision.
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The board is set to hold hearings in the matter in the fall or winter, according to documents filed at the board.
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According to the documents, PSAC’s policy grievance alleged three breaches of the collective agreement, including that “management’s action were an unreasonable exercise of the management rights clause, that management’s actions were in breach of the collective agreement obligation to consult with the bargaining agent and that management’s actions are discriminatory and in contravention of human rights legislation and relevant articles in the collective agreement.”