Judge Orders Court Hearing on Requirement for Public Servants to Return to Office

August 31, 2024 TruthUSA

A full court hearing will be held on the application by Public Service Alliance of Canada (PSAC) to overturn the federal government’s back-to-office mandate for public servants.

The union said the decision by the Federal Court is an important victory for workers and unions.

“The Federal Court’s decision to hear our case is an important win for federal workers fighting for a fair and transparent approach to telework,” PSAC national president Sharon DeSousa said in an Aug. 30 news release.

“Remote work is the future of work, and we won’t let the government off the hook for breaking their commitments and ignoring the voices of federal public service workers.”

No hearing date has been set. In June, the union

said

that 91 percent of its members were “strongly opposed” to the new mandate.

Ottawa announced the three-day-a-week in-office mandate in May, saying government departments were expected to implement the policy by Sept. 9.

The government says requiring public servants to work in the office a minimum of three days each week will put confidence back into government services.

The move would also establish a consistent approach to hybrid work, the government said on its website. Other benefits of the policy according to the government include attracting talent; meeting diversity, inclusion, and accessibility objectives; and developing a public service culture of excellence.

Ottawa attempted to have the case tossed out, the PSAC release said, and also tried to have the challenge delayed until other legal cases—including policy grievances and unfair labour practice complaints against the mandate—could be heard by a federal board.

The union said the court decision does not mean they will prevail, but rather that it allows them an opportunity to argue their case in court.

“This is part of PSAC’s broader effort to demonstrate that telework is the way of the future and hold the government accountable for its misguided mandate,” the release said.

In response to the May mandate from the government, PSAC said they had joined forces with the Professional Institute of the Public Service of Canada (PIPSC), the Canadian Association of Professional Employees (CAPE), and the Association of Canadian Financial Officers (ACFO) in a fightback campaign, which included legal challenges.

PSAC also encouraged its members to file individual grievances to force the government to drop the mandate.

The unions involved represent some 341,000 public servants, with around 240,000 PSAC members, 70,000 PIPSC members, 25,000 CAPE members, and 6,000 ACFO members.

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