A Few Clarifications on Performance Pay Ratings for LP-01s, LP-02s and LP-03s :: Association of Justice Counsel News
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April 29th, 2014
April 29th, 2014
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A Few Clarifications on Performance Pay Ratings for LP-01s, LP-02s and LP-03s

The key words "up to" had always been found in the Performance Review and Employee Appraisal (PREA) regime. But over the past few years, the tradition has been to grant 4.6% and 7%.

The latest performance payouts have raised many questions from LP-01, LP-02 and LP-03 AJC members at the top of their salary scale, who wonder why they didn't get the same performance award percentage as last year.

Under the collective agreement, the 2012 payout for the 2011-2012 evaluation year was set at 4.6% and 7% for "fully meets" and "exceeds" ratings, respectively.  As of May 10, 2013, the key words "up to 4.6% and 7%" came back into force (see s. 5.2 of Part 2 of the Performance Pay Plan under Appendix A) for the 2012-2013 evaluation year.

The key words "up to" had always been found in the Performance Review and Employee Appraisal (PREA) regime. But over the past few years, the tradition has been to grant 4.6% and 7%.
 
While the 2013 payout rate was the same as the 2012 payout rates, the AJC only secured commitments to continue with established practices to the extent of the deputy heads' authority.  If you click here you will find the FAQ on the AJC collective agreement confirming that the maintenance of past practice was always subject to departmental discretion. (See the question,'How does the Performance Pay Plan that applies to LA1s, LA2As and LA2B's work under the tentative agreement?')

Note as well that the departmental performance pay budget has always been limited to 5 % of the group payroll.   This too has not changed.  Accordingly, departments face restrictions that they must comply with when setting percentage increases.   No doubt, budgetary freezes imposed on many departments last year have had an impact.
 
The AJC has been told that at DOJ and PPSC all ratings of 'exceeds' will result in a 6.5 % performance award and all 'fully meet' ratings in a 4.3 % performance award, for all those at the top of the scale.

For exact wording, we have highlighted below section 4.4 on page 92 of the AJC collective agreement, as well as section 5.2, on page 93:

* 4.4 The Departmental performance pay budget is limited to five per cent (5%) of the departmental group payroll as at March 31. Only employees on strength March 31 and on April 1 are eligible for the purposes of this exercise. A lawyer at the LA-1 level must be in an eligible position on September 30, 2012 to receive an increase on October 1, 2012. Employees on leave without pay or on a maternity leave / paternal leave who would not normally be considered to be on strength, are, for purposes of this policy, deemed to be eligible.

* 5.2 Lump Sum performance awards shall be:
On April 1, 2012:
Exceeds:  7% of salary
Fully Meets: 4.6% of salary

On May 10, 2013 and thereafter:
Exceeds: up to 7% of salary
Fully Meets: up to 4.6% of salary

We hope that this information will address any questions you may have on the percentages applied to LP-01s, LP-02s and LP-03s at the top of their scale.

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