Another win for AJC Members: Settlement reached in the "Unable to Assess" lockstep policy grievance :: Association of Justice Counsel News
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March 21st, 2019
March 21st, 2019

Another win for AJC Members: Settlement reached in the "Unable to Assess" lockstep policy grievance

On March 23, 2016, the AJC filed a policy grievance on account of eligible LPs being deprived of their incremental lockstep increases on account of receiving an "Unable to Assess" rating.  The matter was scheduled for hearing in October 2018. This grievance was filed after the AJC had already been successful at adjudication in a decision dated September 28, 2015 confirming the AJC's interpretation that lockstep increases apply automatically except in cases where an LP receives a "does not meet" rating.    

We are pleased to announce that we have reached a settlement with the Employer on this matter.  All eligible LPs who were denied a lockstep pay increment on account of an "unable to assess" rating will have their pay adjusted accordingly, retroactive to 2013 when the conversion to the lockstep regime took place.  This therefore means that in addition to any retroactive pay adjustments you would have received as a result of the binding conciliation award, you may be eligible for additional lockstep increments if you are covered by the terms of this settlement.  

It will take time to implement.  The next steps are set out in the Memorandum of Settlement and will require the drafting of a communique to be issued to all those affected.  Please stay tuned as more information will follow.

As reported  to you in our communique of October 30, 2018 on our success with pro-rating of performance pay for the pre-promotion period, this is yet another example of the time it takes for us to see our relentless efforts bear fruit in the face of the systemic access to justice problems as they relate to scheduling delays at the FPSLREB, the interpretation issues that departments have been creating without first obtaining interpretation or application direction from TB and the time it takes for TB to turn its mind to resolving issues hours or days before a scheduled hearing.  This case took us 5 years to resolve if we include the date on which we filed our first lockstep-related policy grievance and longer still if we include the first case we raised in 2010 under a "performance pay increment regime" (pre-lockstep).

We would like to thank all the members who came forward to help the AJC make its case, defend the interests of LPs and hold the Employer to account.

Should you have questions regarding this settlement, please contact your regional Governing Council representative.

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