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All FAQs

Pay and the collective agreement

I’m retiring, am I entitled to a lump-sum performance award?

You must be on strength for the entire period of the fiscal year, from April 1st to March 31st, to be eligible for a performance award (provided you were at the top of the range). This is reflected under Appendix B, Part 2, section 5.1 of the AJC collective agreement.  For advice on retirement date selections, please contact your Governing Council representative.

What about LP4s and LP5s? How are they paid?

Lawyers at the LP4 and LP5 levels are not on a lockstep pay grid.  Their increases, excluding negotiated economic increases, continue to be merit-based in accordance with Appendix C of the collective agreement.

Can I receive both a performance award (lump-sum payment) and a lock-step pay increment?

No. Lawyers who are not at the top of the salary range of LP1, LP2 and LP3 levels only receive lock-step increases. Only those who receive a “does not meet” rating are ineligible to move up the lock-step pay grid.  As such, LPs continue to receive performance assessments and ratings but only those already at the top of the range are eligible for a lump-sum performance pay.

Are annual economic pay increases cumulative?

Yes, they are, the percentage is applied year-over-year.

What steps do I need to take when encountering pay issues?

Should you have inquiries regarding your pay, including performance pay, under the collective agreement, we strongly recommend you first read the relevant collective agreement pay and performance pay provisions at Appendices A and B.  Once there, you can then consult with your Trusted Source-HR within the department. The Trusted Source-HR will have all the relevant information pertaining to your particular salary and pay increment date.   Should any changes be required to your salary, the Trusted Source will be able to file the necessary pay action request (including relevant paperwork if required) if there is an error in how your pay is being processed.   You can consult with your Governing Council representative should you require assistance in relation to the interpretation of the collective agreement provisions.  For information on how to resolve Phoenix Pay issues, you can consult our FAQ on Phoenix pay issues by clicking here .

On a new appointment, does the date on which an LP’s eligibility to a new lockstep pay increment change?

All LPs whose last appointments predate March 31, 2013 continue to have a pay increment date of May 10th.  The pay increment period however is 12 months (6 months for LP-1 although this is likely not relevant as an LP1 appointed prior to March 31, 2013 would already be at the top of the scale). For LPs hired or last appointed to an LP level after March 31, 2013, such LPs’ pay increment date would be based on his or her anniversary date.  For example, if there is a new hire on September 1, such LP´s pay increment would be the following September 1.   If someone is promoted into a new position on July 1, he or she gets a raise on promotion and then again on their next lockstep pay increment date, i.e. the following July 1.

Am I entitled to a performance award if I am promoted?

Yes. All lawyers, promoted within a year, and who meet the requirements for a lump-sum performance pay before being promoted, are eligible for performance pay on a pro-rated basis. 

When do pay increments occur?

Pay increments in the form of lockstep increases for LP2 and LP3 occur every 12 months whereas lockstep increases occur every 6 months for LP1, except in exceptional cases where such LPs receive a “does not meet” performance rating. ​

I received an “exceeds” or “fully meets” on my Performance Review and Employee Appraisal (PREA). Do I automatically get a lump-sum performance award if I am on a lockstep scale (LP1, LP2, LP3)?

No. In order to be eligible for a performance award (lump sum payment) you must already be at the top of your lockstep range. Otherwise, you are only entitled to a lockstep pay increment which, between lockstep increments, represents a 4.7% increase.  This means that an “exceeds” rating while you are still progressing through the lock-steps will not result in any additional awards.   

Am I entitled to a lockstep increase if I received an "Unable to Assess" rating?

Yes, you are eligible for a lockstep increase even if you receive “Unable to Assess” rating on your PREA.

The AJC reached a settlement with the employer on this matter.  

 

What is the difference between lockstep pay and lump-sum performance awards?

Lockstep pay came into effect on May 10, 2013 for LP1, LP2 and LP3 levels.   Lockstep increases for these levels are automatic and no longer merit-based. Only those at the LP1, LP2 and LP3 levels who receive a “does not meet” rating are ineligible to move up the lock step pay grid.  As such, LPs continue to receive performance assessments and ratings but only those already at the top of the range are eligible to receive lump-sum performance pay at the applicable percentage commensurate with their “meets” or “exceeds” rating.  The percentage increase between lock steps is 4.7%, which is higher than the lump-sum performance pay percentage that applies to those who are at the top of the scale and who receive a “meets” rating.  Currently, 20% percent of LPs at DOJ and PPSC receive “exceeds” ratings and approximately 80% receive “meets” ratings.   

Please refer to appendix B the AJC Collective Agreement.

Pay increments for LP2s and LP3s are every 12 months, generally based on one’s anniversary date and every 6 months for LP1s.  For those LPs whose last appointment predates March 31, 2013, you are likely at the top of the scale by now and under the current collective agreement expiring in 2022, now eligible to your lump-sum performance award within one hundred and twenty (120) days from the end of the fiscal period of each year for performance in the prior fiscal year.   This is a change from the prior May 10 payout date.

How do I qualify for a lump-sum performance award?

LPs at the top of the salary range will receive lump-sum performance awards based on their assessed performance. This part of the performance pay plan applies only to lawyers at the LP1, LP2 and LP3 levels when they are already at the maximum of the pay range.  Lawyers who receive a rating of “Unsatisfactory” are not eligible to receive a performance lump-sum award. ​

What steps do I need to take when encountering pay issues?

Should you have inquiries regarding your pay, including performance pay, under the collective agreement, we strongly recommend you first read the relevant collective agreement pay and performance pay provisions at Appendices A and B.  Once there, you can then consult with your Trusted Source-HR within the department. The Trusted Source-HR will have all the relevant information pertaining to your particular salary and pay increment date.   Should any changes be required to your salary, the Trusted Source will be able to file the necessary pay action request (including relevant paperwork if required) if there is an error in how your pay is being processed.   You can consult with your Governing Council representative should you require assistance in relation to the interpretation of the collective agreement provisions.  For information on how to resolve Phoenix Pay issues, you can consult our FAQ on Phoenix pay issues by clicking here.