Bambrough v. Public Service Commission Appeal Board, (1975) 12 N.R. 553 (FCA)

• Judge: Pratte, Ryan and Le Dain, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: November 07, 1975
• Jurisdiction: Canada (Federal)
• Citations: (1975), 12 N.R. 553 (FCA)

Bambrough v. Public Service Comm. (1975), 12 N.R. 553 (FCA)

MLB headnote and full text

Bambrough v. Appeal Board, Public Service Commission

Indexed As: Bambrough v. Public Service Commission Appeal Board

Federal Court of Appeal

Pratte, Ryan and Le Dain, JJ.

November 7, 1975.

Summary:

This case arose out of the selection of a candidate for the position of Chief of the Engineering Division of the Department of the Environment. The selection process was carried out by the Public Service Commission pursuant to the provisions of the Public Service Employment Act. The appointment was made, without competition, from the computer "inventory" of relative data of qualified employees. The grievor was among 48 employees who had qualified on the basis of an initial search of the "inventory" of the prospective candidates. The grievor was eliminated from consideration when additional essential qualifications were established by the selection board. The grievor appealed against the selection by the Public Service Commission. An Appeal Board was appointed pursuant to section 21 of the Public Service Employment Act.

The Appeal Board dismissed the grievor's appeal.

On appeal to the Federal Court of Appeal pursuant to section 28 of the Federal Court Act the appeal was dismissed and the decision of the Appeal Board was affirmed.

The Federal Court of Appeal held that the selection board was empowered to fix the additional qualifications during the selection process and that a change in the job qualifications to narrow the range of potential candidates did not impair or abridge the merit principle - see paragraph 16.

The Federal Court of Appeal stated that the statutory duty of the Public Service Commission, to appoint qualified persons on the basis of merit, included an implied power to participate with other departments in the fixing and upgrading of the qualifications for positions during the selection process - see paragraph 13.

Labour Law - Topic 9205

Public service labour relations - Job selection - Job qualifications - Changing of the job qualifications to narrow the range of potential candidates during the selection process - An appointment of a Chief of the Engineering Division of the Department of the Environment, was made by the Public Service Commission pursuant to the Public Service Employment Act - The appointment was made, without competition, from the computer "inventory" of relevant data of qualified employees - The grievor was among 48 employees who were qualified for the position on the basis of an initial search of the "inventory" of prospective candidates - The grievor was eliminated from consideration when additional essential qualifications were established by a selection board - The Federal Court of Appeal affirmed a dismissal of the grievor's application to set aside the appointment - The Federal Court of Appeal held that the selection board was empowered to fix the additional qualifications and that a change in qualifications to narrow the range of potential candidates did not impair or abridge the merit principle - See paragraph 16.

Labour Law - Topic 9205

Public service labour relations - Job selection - Job qualifications - Changing of the job qualifications during the selection process - The Federal Court of Appeal stated that the statutory duty of the Public Service Commission to appoint qualified persons on the basis of merit included an implied power to participate with other departments in fixing and upgrading the qualifications for a position during the selection process - See paragraph 13.

Labour Law - Topic 9203

Public service labour relations - Job selection - General principles - Merit principle - The Federal Court of Appeal stated that selection according to merit is the dominant purpose of the federal Public Service Employment Act - See paragraph 10.

Labour Law - Topic 9214

Public service labour relations - Job selection - Appointment - Validity of an appointment where there was a failure to comply with a procedural provision of a statute or regulation - The Federal Court of Appeal stated that such a failure will not invalidate an appointment unless there is "a real possibility that compliance with the provision might have brought about a different result" - See paragraph 10.

Statutes - Topic 5305

Operation - Delegated legislation - Regulation defined - The Federal Court of Appeal stated that a "Staffing Manual" of the Public Service Commission, containing administrative directives and guidelines, did not have the force of law and did not constitute regulations - See paragraph 15.

Cases Noticed:

Griffon v. Attorney General of Canada, [1973] F.C. 670, folld. [para. 10].

Cleary v. Public Service Appeal Board, [1973] F.C. 688, folld. [para. 10].

Brown et al. v. Appeals Branch, Public Service Commission, 9 N.R. 493, folld. [para. 11].

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 5(a), sect. 8, sect. 10 [fn. 3]; sect. 12 [fn. 4].

Public Service Employment Act Regulations, sect. 7 [fn. 1].

Counsel:

Y.A. George Hynna, for the applicant;

P.B. Annis, for the respondent.

This appeal was heard by the Federal Court of Appeal at Ottawa, Ontario on October 9, 1975.

The judgment of the Federal Court of Appeal was delivered by LE DAIN, J. on November 7, 1975.