![]() Lastly, in numerous cases the employee is still owed significant sums of money due to past Phoenix errors, and therefore their account should be reconciled before receiving an overpayment letter. Moreover, many of our members were not aware that they had overpayments until now and are shocked to be receiving these letters so many years later. PSAC is concerned that members will have inaccurate overpayments recovered, thereby paying back amounts that are not owed. In addition, many members are receiving overpayments with inaccurate and unverifiable overpayment amounts. We can only conclude the employer is knowingly including and demanding repayment for amounts considered outside the limitation period in the hope that members may not notice and agree to repay these amounts. Is it upsetting and completely unacceptable that members are receiving overpayment letters containing amounts that are past the six-year recovery threshold. While the government can send a letter asking members to repay the money even after a limitation period has passed, they cannot force someone to pay it or recover it without prior agreement. The limitation period prohibits the government from taking legal action against someone to recover money after the limitation period has expired. The six-year limitation period is found in the Crown Liability and Proceedings Act. What is the limitation period for recovering Phoenix overpayments? ![]() Some overpayment recovery letters sent by the Public Services and Procurement Canada (PSPC) Pay Centre contain amounts that the employer has no legal recourse to recover as they are outside of the six-year limitation period. The rushed Phoenix overpayment recovery plan launched earlier this year by the employer is already producing major errors and misleading information. Union of Postal Communications Employees.Union of Canadian Transportation Employees. ![]()
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