Federal Court of Appeal Rules In Favour of the AJC: Performance Pay, a Year Worked Remains a Year Worked :: Association of Justice Counsel News
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March 2nd, 2016
March 2nd, 2016
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Federal Court of Appeal Rules In Favour of the AJC: Performance Pay, a Year Worked Remains a Year Worked

On October 27, 2011, the AJC filed a policy grievance on behalf of its membership challenging Treasury Board's and the Department of Justice's application and interpretation of the collective agreement in regards to the prorating of performance pay on promotion.    The Department of Justice had routinely refused to pay performance pay to promoted Law Practitioners (LPs) in relation to the evaluation period preceding their promotion date in a given fiscal year.  

During the adjudication hearing before the Public Service Labour Relations and Employment Board (PSLREB), Treasury Board conceded that performance pay should not have been prorated.  Accordingly, the parties focused their efforts on the applicable rate of pay.  Following the adjudicator's decision in relation to the policy grievance (see February 4, 2015 decision by the PSLREB) where the adjudicator denied AJC's grievance in whole despite the fact that Treasury Board conceded to AJC's position that performance pay should not be prorated for those who worked prior to and following a promotion, the AJC filed two applications for judicial review after its efforts to get the adjudicator to modify his order failed.

The AJC maintained that for enforceability purposes, the adjudicator's ruling must reflect a partial award of the grievance.

On February 18, 2016, the Federal Court of Appeal (FCA) granted both of the AJC's applications for judicial review with costs.  The adjudicator's orders dismissing the AJC's grievance and refusing to reconsider and correct his order were quashed and remitted back to the adjudicator with direction.  The AJC therefore expects the adjudicator to revise the wording of his order to ensure that it coincides with his reasons.  

If you have any questions regarding your entitlement to performance pay for the period preceding your promotion date, please do not hesitate to contact the AJC at admin@ajc-ajj.com .

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