Yes! Lockstep Pay Increments Apply to Lawyers Who Have Received Unable to Assess Ratings :: Association of Justice Counsel News
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October 2nd, 2015
October 2nd, 2015

Yes! Lockstep Pay Increments Apply to Lawyers Who Have Received Unable to Assess Ratings

On October 10 2013, the AJC filed a policy grievance on behalf of its membership challenging the Department of Justice's decision to not provide lockstep increases to LP1s, LP2s and LP3s who are not at the top of the salary scale and who received "Unable to Assess" ratings as a result of having been on maternity or parental leave.  

As reported to you on January 31, 2014, the matter was referred to adjudication on January 21, 2014.  

The AJC has always maintained that the new lock step system under the current AJC collective agreement allows LPs, including those on maternity or parental leave, to automatically move up a lockstep on their normal increment date, except in cases where their performance was assessed as unsatisfactory.  

In his September 28th, 2015, Adjudicator Jaworski agreed and ordered the following:

     "Any lawyer who was on maternity leave or paternal leave from the day being 25 days prior to October 10, 2013, and continuing after that date, who did not received their lock step increase, only by virtue of the fact that they received an "Unable to assess" performance rating, shall be provided any lock step payment they should have received and any subsequent lock step increase.
    Any lawyer who is entitled to a payment of arrears shall also be entitled to be paid interest on any sums due, from the date they are due.

    Interest shall be calculated at the rate of interest set out in the tables for pre-judgement and post-judgement interest as set out in the Federal Courts Act and shall be compounded annually up to and including the day on which the payment is made."

The adjudicator shall remain seized of this matter to address any issues of remedy.

The AJC will be relying on this Public Service Labour Relations and Employment Board decision in pursuing its membership's interests in relation to the recent LP1 situation (for which the AJC has filed a policy grievance again) where, some have been reportedly deprived of their incremental lockstep increases on account of "unable to assess" ratings.  Do stay tuned.  

If, after reading the decision, you have any questions as to whether or not you are covered by this order, please do not hesitate to contact the AJC at .    

Note: We are awaiting the full translation of the decision from the PSLRB and will be making it available once received.

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