PSAC Pay Equity Bulletin
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.
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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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