Sick leave injunction hearing scheduled for October 29

August 21, 2015

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The motion requesting an injunction to prevent the government from implementing its new sick leave plan will be heard in Ontario Superior Court on October 29.

The motion was filed by CAPE, the Professional Institute of the Public Service of Canada and ten other federal bargaining units. The Public Service Alliance of Canada has separately filed a similar injunction request. Both motions will he heard at the same time.

Justice Robert N. Beaudoin has informed the parties of the order of pleadings and the deadlines for the exchange of documents. Judge Beaudoin also ordered the government to notify the parties at least five days in advance if it intends to make changes to the sick leave system before the hearing date. Were this to happen, the judge could reschedule the hearing for an earlier date.

The motion by the three unions against the provisions of Bill C-59 to implement certain provisions of the 2015 budget seeks to halt the government from unilaterally amending the terms and conditions of federal public service collective agreements. A constitutional challenge against these same provisions, filed at the end of June, is also before the Ontario Superior Court. 

Please note that the Court documents related to this litigation can be viewed on the Professional Institute of the Public Service of Canada website.