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 review the Public Service Alliance of Canada's (PSAC) application to quash the new three-day-a-week office mandate for federal workers this fall.

The Treasury Board Secretariat announced in May that all federal workers in the core public administration will be required to be in the office a minimum of three days a week, starting Sept. 9. All executives will need to be in the office a minimum of four days a week.

• Sign up now for daily CTV News Ottawa newsletters
• The information you need to know, sent directly to you: Download the CTV News App

PSAC launched a legal challenge to the new return-to-office mandate in May, asking for a judicial review of the Treasury Board's decision to amend the hybrid work policy. On Thursday, Justice Glennys McVeigh dismissed the Treasury Board's attempts to stay the court challenge, and ruled the Federal Court will hold a full hearing into PSAC's legal application.

In the decision, McVeigh writes the Attorney General's lawyers representing the Treasury Board introduced a motion to dismiss the application.

"It cannot be said that the Attorney General’s argument clearly renders the type of 'show stopper' or “knockout punch” necessary to strike PSAC’s Application at this stage," McVeigh writes.

"Although I am choosing not to exercise my discretion to strike the Application at this stage, this decision should not be interpreted as an endorsement of PSAC’s arguments. I simply conclude that the parties must argue this matter based on a full record."

Lawyers for the Treasury Board asked the Federal Court to dismiss the application or stay the court case until all other challenges to the new mandate were resolved.

PSAC calls the decision a "legal victory" in the fight to change the new office mandate.

“The Federal Court’s decision to hear our case is an important win for federal workers fighting for a fair and transparent approach to telework,” said Sharon DeSousa, PSAC's national president. “Remote work is the future of work, and we won’t let the government off the hook for breaking their commitments and ignoring the voices of federal public service workers.” 

PSAC says the hearing will be a "major step for unions and workers looking for transparency around its decision to bring workers back into the office."

"The government will now need to make their case and present their reasoning for making the decision to bring workers back to the office," the union said.

The Federal Court ruling asks for a case manager to be appointed to assist the parties in bringing the issues before the court "in a timely manner."

In May, federal unions announced they would launch legal challenges and encouraged public sector workers to file "tens of thousands" of grievances over the new mandate.

Tens of thousands of federal workers began working from home at the start of the COVID-19 pandemic. In March 2023, the government implemented the current hybrid work policy requiring federal public servants to work in the office two or three days a week.

PSAC is launching a $1 million campaign to protest the new office mandate. The union has also launched a petition calling on the government to "repeal the three-day-in-office mandate," with plans to present the petition to the government on Sept. 9.

Earlier this week, the Deputy Clerk of the Privy Council told CTV News Ottawa the new mandate is motivated by the government's ability to perform as an organization.

"That's really why we want people back," Christine Fox said.

Fox says it will be better for employees' careers and create a better work environment.

“I think that our expectation is that, as we build stronger teams and stronger cultures, that leads to better services to Canadians, which is our ultimate objective,” said Fox.

With files from CTV News Ottawa's Natalie van Rooy