Federal Court orders full hearing into PSAC's challenge of new federal office mandate, union says

A Federal Court judge has ordered a full hearing to examine the Public Service Alliance of Canada's (PSAC) challenge against the new mandate requiring federal workers to be in the office three days a week starting this fall.

The Treasury Board Secretariat announced in May that all federal employees in the core public administration must work in the office at least three days a week, beginning September 9. Executives will be required to work on-site a minimum of four days a week.

PSAC filed a legal challenge to this new return-to-office policy in May, seeking a judicial review of the Treasury Board’s decision to revise the hybrid work policy. On Thursday, Justice Glennys McVeigh determined that the Federal Court will hold a full hearing on PSAC's application.

In her ruling, McVeigh noted that the Attorney General's lawyers, representing the Treasury Board, had filed a motion to dismiss the application.

“The Attorney General’s argument does not clearly present a 'show stopper' or a 'knockout punch' necessary to dismiss PSAC’s Application at this stage,” McVeigh wrote.

“Although I am not exercising my discretion to strike the Application at this point, this decision should not be seen as an endorsement of PSAC’s arguments. I conclude that the matter must be argued with a full record.”

PSAC views this decision as a "legal victory" in their efforts to challenge the new office mandate.

“The Federal Court’s decision to hear our case is a significant win for federal workers advocating for a fair and transparent approach to telework,” stated Sharon DeSousa, PSAC's national president. “Remote work represents the future of work, and we will hold the government accountable for breaking its commitments and disregarding the voices of federal public service workers.”

PSAC believes that the hearing will be an important step for unions and workers seeking transparency regarding the decision to return to the office.

“The government will now need to justify their decision and present their reasoning for bringing workers back to the office,” the union said.

The Federal Court's ruling also calls for a case manager to be appointed to help facilitate the proceedings "in a timely manner."

In May, federal unions announced their intention to challenge the mandate legally and urged public sector workers to file "tens of thousands" of grievances.

At the start of the COVID-19 pandemic, tens of thousands of federal employees began working from home. In March 2023, the government introduced a hybrid work policy requiring federal public servants to work in the office either two or three days a week.

PSAC is launching a $1 million campaign to protest the new office mandate.

Earlier this week, Deputy Clerk of the Privy Council Christine Fox told CTV News Ottawa that the new mandate aims to enhance the government's organizational performance.

“The main reason we want people back is to strengthen our teams and build better cultures, which will ultimately lead to improved services for Canadians,” Fox said.