TB changes its tune in the odd saga of performance pay for lawyers who are promoted :: Association of Justice Counsel News
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August 11th, 2016
August 11th, 2016

TB changes its tune in the odd saga of performance pay for lawyers who are promoted

The AJC has filed a new policy grievance on the prorating of performance pay in relation to pre-promotion service for lawyers who receive promotions.  

In July 2016, the AJC learned for the first time that TB is not awarding performance pay for the pre-promotion period for the year in which lawyers are promoted.  

TB's position is difficult to comprehend.  The AJC filed a grievance on the same issue in 2011 and in response to that grievance, TB had conceded that pre-promotion service should be recognized. In fact, subsequent to the concession, TB had been paying out prorated lump-sum performance pay awards to eligible law practitioners who had been promoted.
According to TB, it is not bound by its concession.  Furthermore, any PSLREB ruling in relation to the 2011 policy grievance is of no force or effect because there is a new collective agreement.  Notwithstanding that the eligibility wording of the new collective agreement is identical to the old one, TB's position seems to be that PSLREB rulings only relate to the collective agreement at issue in the grievance and the issues can be endlessly litigated.

Oddly, the 2011 grievance, which itself took an unusual path, is actually still outstanding.  As we reported in our March 2 2016  communiqué, an adjudicator failed to issue a ruling that was consistent with TB's concession.  This prompted an application for judicial review.  We were successful in the Federal Court of Appeal, which returned the matter to the adjudicator for revisions to the order.  The AJC awaits the adjudicator's revised ruling.  It is unknown at this time what effect this revised ruling will have on this new policy grievance.  

Nevertheless, since TB has indicated it will not abide by its concession under this collective agreement, a new grievance has become necessary.

If you were promoted between May 10, 2011 and now, and were at the top of the salary scale immediately preceding your date of promotion, you may be covered by this policy grievance.  
  • Those wishing to file individual grievances as a further show of solidarity are encouraged to fill out an incident report and send it to the AJC at admin@ajc-ajj.com .  
  • Those wishing to simply identify themselves to the AJC to assist the AJC in making its case, are also encouraged to send a note to admin@ajc-ajj.com with the following caption in the subject line: "AJC Pre-Promotion Performance Pay Grievance".

If you are being offered a promotion and want to know more about the potential financial impact a promotion may have in relation to your pre-promotion evaluation period, ask your department for details in writing.

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