- Respond by the deadline provided in the letter: All employees that receive a letter should be sure to provide a response within the four-week timeline provided in that letter to avoid immediate recovery of the overpayment by default.
- Do not select “Option 1” if you wish to challenge the recovery in any way: The only circumstances in which you should select “Option 1” in Annex B is if you:
- are confident that the overpayment calculation is correct; and
- do not wish to challenge the recovery of the overpayment on any of the grounds listed below. If you wish to challenge the validity or accuracy of the overpayment in any way, you should select “Option 2” in Annex B.
- Request additional information or records if necessary: If you are unable to verify the accuracy of the overpayment calculation, you should request all information and records from the employer that are necessary to determine if the calculation is correct.
- File the grievance within the collective agreement timelines: For most federal public service workers represented by PSAC, that deadline is 25 days after the date on which the grievor is notified or on which the grievor first becomes aware of the action or circumstances giving rise to the grievance. Please be sure to check your collective agreement for the applicable timelines.
- Include all potential grounds in the grievance: You may have multiple grounds to challenge the overpayment and should be sure to include all potential grounds in your grievance.
- Consider the following potential grounds for an individual grievance:
- Was your overpayment calculated incorrectly? You should carefully review the calculation of the overpayment and ensure it is correct. If you are at all uncertain about the accuracy of the calculation, you should file an individual grievance on this basis, even if you have not yet received all information and records to verify the calculation.
- Were any overpayments made more than six years before the date of your letter? You should carefully review the breakdown of the overpayment and ensure that all payments were issued no more than six years before the date of the letter. If any payments occurred more than six years before the letter, you should file an individual grievance based on the expiry of the limitation period in the Crown Liability and Proceedings Act.
- Did you rely on the correctness of your pay to your detriment? There are two general categories that may meet this standard:
- The employer or Pay Centre assured you that your pay was correct, or that you had no overpayment, and you relied on that assurance in some way. For example, you may have taken on a significant new expense such as the purchase of a home, which you now cannot afford, or you may have chosen to retire based on the amount of savings you had accrued, which is now impacted by the overpayment recovery.
- You were unaware of the overpayment until the time of the employer’s letter and relied on the accuracy of your pay in some way; for example, by taking on a significant new expense, or choosing to retire based on the amount of savings you had accrued.