Ahmad v. Public Service Commission Appeal Board, (1974) 6 N.R. 287 (FCA)

• Judge: Jackett, C.J., Cattanach and Pratte, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: November 27, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 6 N.R. 287 (FCA)

Ahmad v. Public Service Comm. (1974), 6 N.R. 287 (FCA)

MLB headnote and full text

Ahmad v. Public Service Commission Appeal Board

Indexed As: Ahmad v. Public Service Commission Appeal Board

Federal Court of Appeal

Jackett, C.J., Cattanach and Pratte, JJ.

November 27, 1974.

Summary:

This case arose out of the dismissal of a civil servant for incompetence. The civil servant was dismissed pursuant to s. 31 of the Public Service Employment Act. The employee was dismissed following a recommendation for dismissal to the Public Service Commission. The employee appealed his dismissal to an appeal board appointed by the Public Service Commission. The appeal board affirmed the dismissal of the employee.

The employee appealed the decision of the appeal board pursuant to s. 28 of the Federal Court Act to the Federal Court of Appeal. The Federal Court of Appeal dismissed the appeal and affirmed the decision of the appeal board. The Federal Court of Appeal stated that incompetence is a matter of opinion to be formed honestly by observation by those persons who supervise the work of the employee - see paragraph 3.

The employee was given notice of the recommendation for dismissal before the recommendation for dismissal was made and not after the recommendation for dismissal was made as required by s. 31 of the Public Service Employment Act. The employee before the Federal Court of Appeal claimed that the appeal board did not have jurisdiction to affirm the dismissal because of the procedural omission, namely, the failure to give notice of the recommendation of dismissal to the employee after the recommendation for dismissal was made. The Federal Court of Appeal stated that substantial compliance with s. 31 was compliance for purposes of the exercise of the powers of the appeal board - see paragraph 9.

Labour Law - Topic 9156

Public service labour relations - Discipline and dismissal of civil servants - Validity of the dismissal of a civil servant for incompetence - The Federal Court of Appeal affirmed an appeal board's decision to dismiss an employee for incompetence - The Federal Court of Appeal stated that incompetence is a matter of opinion to be formed honestly by observation by persons who supervise the work of the employee - See paragraph 3.

Labour Law - Topic 9127

Public service labour relations - Adjudication of grievances by adjudicators or appeal boards - Loss of powers of an appeal board due to procedural omissions - Substantial compliance - An employee who was dismissed for incompetence appealed his dismissal to an appeal board - A notice of recommendation of dismissal was given to the employee before the recommendation for dismissal was made and not after the recommendation was made as required by s. 31 of the Public Service Employment Act - The Federal Court of Appeal affirmed the jurisdiction of an appeal board which affirmed the dismissal of the employee - The Federal Court of Appeal stated that substantial compliance with s. 31 was compliance for the purpose of the valid exercise of the powers of the appeal board - See paragraph 9.

Crown - Topic 710

Authority of ministers - Delegation of administrative powers - Implied delegation - The Federal Court of Appeal stated that there is a necessary implication that the powers of ministers and deputy ministers are exercised on their behalf by appropriate departmental officials - See paragraph 8.

Cases Noticed:

Mungoni v. Attorney General of Northern Rhodesia, [1960] A.C. 337, refd to. [para. 8].

Carltona, Ltd. v. Comrs. of Works, [1943] 2 All E.R. 560, folld. [para. 8].

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 31 [para. 2].

Counsel:

Y.A.G. Hynna, for the applicant;

R.W. Cote, for the respondent.

This appeal was heard by the Federal Court of Appeal at Ottawa, Ontario on November 26 and 27, 1974. Judgment was delivered by the Federal Court of Appeal on November 27, 1974.

The judgment of the Federal Court of Appeal was delivered by JACKETT, C.J.