For over 8 years now, I have had to assume the job of counsel in an effort to survive disability “a la federal public service”.
For those who are public servants who are in depts under the Federal Administration Act that unionizes below EX, the cruel reality eventually sets in: you are stuck with the union, and they with paper tiger-claims processes, boards, tribunals and never shall you have the right to access the Justice System to sue the mighty Goliath, the Crown.
Despite the rational thought in going through all this lived experience that processes has to be over ‘soon’ that is exactly what is not happening. Still dragging on is a 2-year Pay and Comp issue with the employer over mishandled harassment claim; CPP-D via Service Canada or years, now at SS Tribunal with insurer pushing hard; WSIB/WSAIT process that may take one more year.
The reality sinks in that all the hard grinding work you did for free, all the blood, sweat and tears is on behalf of your insurer who will claw back thousands if you get compensation, and CRA is awaiting their windfall too, ready to slam you for retroactive payment taxes and more. From one govt pocket to another, a shell game that remains unchallenged.
And whats more is having to fight a union (even the employer and Ombusdman agreed it was shocking). I felt it was the last straw and in Feb. 2025, filed at 19 page claim to CIRB for failure to represent, discrimination and arbitrary treatment. The reality is that this was a long time coming. They refused to represent in a WSIB appeal until I showed them their own policy that says they must. So after that, it was retribution. I did every single filling of content on all the forms, and no value was provided in terms of labour relations policy or law. All claims were rejected, all appeals rejected - save for the last application for DI. No wonder! I am not qualified to represent or serve as a disability lawyer!
I did not want to do any of this; the only aim was to have support to pay the bills, be left to receiver and get back to work.
Its a cruel game of survivor where the injured party knows next to nothing about labour relations, insurance, disability or the like and cannot even hire qualified counsel if they had the money to do it. The persons making these rules really knows how to make this hurt - and the reality is that they will never let up. Even if you go back to work on a rehab program, get payed a % of DI and your rate of pay goes up, ding, you will have an overpayment…
Lost are we, in deep waters, drowning in a labyrinth of rules, policy, legislation, contracts, collective agreements, the union’s agenda, boards (applications, appeals, hearings), tribunals (appeals, hearings).
When does this become too much, so cruel and unusual that it has to stop. In the criminal justice system where those who do unthinkable criminal act, they are afforded a free lawyer if they cannot afford one, and they are heard within a reasonable time in front of a judge or their case is dismissed. In the Criminal justice system, the law requires that there be victims to have a crime take place.
Public servants in many departments are denied the right to have a lawyer / legal counsel in lieu of a weak union who could not care less if they are victims of workplace violence and that employers are committing crimes (aka disregarding legislation). I have a trove of documents that speaks to this.
How about getting help from their Member of Parliament? I did, and after the meeting and offer to send in the documents I could never get a return call, no email replies - after 3 months of trying I gave up.
So it all just continues in the shadows although it is absolute MADNESS that not only lengthens a injured employee’s time on the sidelines, but it actually can and does drive them to become permanently injured and or incapable of returning to a gainfully employable job because this MADNESS becomes The Job.
What will it take for the thousands of federal public servants on disability and retired to return to work and those retired with ongoing disability claims to turn this around so it makes sense, so that its fair, just and doable?
The only body out there for feds is an association whose executive is on the board of the oversight of Sunlife. They have zero advocacy capacity; their focus is on medical benefits, retirement villas, travel and deals on appliances. This cannot be the best that can be done.
What is essential to know is which processes are mandatory; how each works with each other (DI- WSIB - WSAIT), what are the repercussions in not filing for CPP-D, filing for DI but not WSIB, how offsets and claw backs work in terms of whether you are obligated to sign DI insurance forms to allow it or is it ‘voluntary’. A forum like this is amazing…but I never heard of it until some 8 and a half years and I am very good at research / looked long and hard for help.
Fresh out the door with an injury what chance does anyone really have?
By the time you see whats going on, its often too late and very costly.
Thoughts?
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