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PSAC Pay Equity Bulletin

No. 59

November 24, 2004

Pay equity cases moving forward  

PSAC has day in court on tax case  

Dates have been set to hear the PSAC's challenge of the government's practice of taxing the interest payments received by many of our current and former members as part of the pay equity complaint settlement.   The case (Burrows vs Her Majesty) will be heard starting January 18 and continuing until January 20, 2005.    

It has been three years since the PSAC filed its challenge alleging that it is unlawful for the Canada Revenue Agency to tax these interest payments.   The Court dates follow the completion of an extended discovery process.  

The hearings are open the public.   They will be taking place at 200 Kent Street, 3 rd floor, starting at 9:30 a.m.  

At this time, it is too early to speculate as to when a decision might be issued by the Tax Court.   Once a decision is issued, it may be appealed either by the union or the government.  

Federal Court to hear PSAC appeal  

Back in 2002, PSAC filed a complaint with the Canadian Human Rights Commission (CHRC) about the arrears penalties assessed against our members if they used a carryback option to have their pay equity payments taxed at the rates applicable to the years in which it should have been paid. The union contends that the arrears penalties are discriminatory because they have the effect of reducing pay equity adjustments, thus denying equal pay for work of equal value.    

The Commission dismissed our complaint and the union filed an appeal with the Federal Court.   That appeal will be heard on December 9, 2004 in the Federal Court Trial Division.  

Again, it is too early to speculate as to when a decision might be issued. 

Sign up for pay equity updates  

You can have pay equity updates sent directly to you by e-mail by subscribing to the “PSAC-Pay Equity e-mail news” list.   Follow the easy instructions on the PSAC website (www.psac-afpc.com) and get the latest information as soon as it's published.  

Updates with the results of the various hearings will be published on this web site.  

 

 

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Page updated: 24/11/04