ONE Team Update - May 28, 2020
Good Afternoon One Team,
I hope you are all doing well.
I would like to address the ongoing challenges we are all experiencing with respect to the SUB and CERB Benefit programs. We have been working continuously to find a way to overcome this issue. This includes working closely with CUPE as well as engaging the services of specialized legal counsel to find creative solutions to this challenge. Additionally, we are working with local MLAs Ms. Laila Goodridge and Mr. Tany Yao along with MP Mr. David Yurdiga to continue to escalate our concerns. Unfortunately, we are also not alone with this issue locally or across the country. Here is a summary of where we are at:
In March/April 2020 most, if not all, applications to Employment Insurance (EI) were automatically routed into the CERB program regardless of eligibility by Service Canada.
For a period of time, Service Canada was directing us to encourage staff to try and have their claims transitioned from CERB to EI to allow for the SUB Program top-up plan we presented to you. Legal Counsel has given us the same advice.
Over the past couple of weeks, team members have been contacting us with various stories of messaging that is being received from Service Canada. Unfortunately those messages are inconsistent from call to call and some also seem to contradict existing CERB legislation.
These challenges have hindered our ability to roll out the SUB Program as we had anticipated. We are working off the basic premise that the RRC is committed to providing the 80% top-up for the 10-week SUB Program as we presented on April 16 and we are continually seeking advice from our lawyer and working with CUPE to achieve that outcome without causing staff to lose their legal entitlement to the government benefits they are currently receiving. Please know that the RRC remains committed to ensuring that every one of our team members gets through this period of uncertainty and receives the compensation we had envisioned under the SUB Program.
As long as team members remain on the CERB Program, in accordance with CERB Legislation, the RRC is limited to paying the maximum allowable earnings amount of $1,000 per four week eligibility period. Note that this allowable amount is based on your regular earnings and for some, may be less than $1,000. If you would have received greater top up amounts under the SUB Program than you are currently receiving with CERB (above $1000 per four week eligibility period), the RRC will hold these earnings in trust for you and they will be paid to you retroactively as the following scenarios occur:
You are transitioned to Regular EI Benefits by Service Canada
The RRC will begin to top up your pay at 95% of your regular earnings until you receive all compensation through this retro-pay.
You are unable to transition to EI Benefits via Service Canada
The RRC will continue paying you the $1,000 top up per four week eligibility period ($500 bi-weekly). This will extend beyond the 10 week SUB Program timeframe, until such time as your full top up amounts (80% top-up for the 10-week SUB period) have been paid out to you.
You are recalled permanently back to work
Upon recall, the RRC will make a one-time payment in the amount of the balance owing on your next scheduled regular pay.
Please be aware that any team member at any point may, at their request approve the RRC to pay the full SUB top-up amount to increase their bi-weekly earnings to 80% as outlined in the SUB program.
When making this request you would be required to acknowledge in writing that you are approving receipt of this payment and taking on the risks related to CERB program eligibility or future tax implications.
It is also understood that this top-up amount will have to be made through regular payroll and will therefore be subject to regular withholding of CPP and EI premiums as well as income tax.
The details around each of these programs and the options we currently have are somewhat complex because of the terminology related to each and the level of associated detail. In anticipation of this, we have included below an explainer document to help illustrate how we got here and what our path will be moving forward.
I understand the frustration this has caused and remain committed to finding solutions for you, and will continue to monitor changes to the CERB legislation to ensure that we are able to adjust our plan where possible to better deliver on our commitment to you. Thank you for your patience in continuing to work through this.
Graig