Civil Service Association of Alberta, Cumby and Laddish v. Alberta (Solicitor General) et al., (1977) 2 A.R. 500 (TD)

• Judge: Dechene, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 14, 1977
• Citations: (1977), 2 A.R. 500 (TD)

Civil Service Assoc. v. Alta. (1977), 2 A.R. 500 (TD)

MLB headnote and full text

Civil Service Association of Alberta, Cumby and Laddish v. Solicitor-General of Alberta, Campbell, Anderson and Arnold

Indexed As: Civil Service Association of Alberta, Cumby and Laddish v. Alberta (Solicitor General) et al.

Alberta Supreme Court

Trial Division

Judicial District of Edmonton

Dechene, J.

February 14, 1977.

Summary:

This headnote contains no summary.

Labour Law - Topic 9187

Public service labour relations - Job competitions - The interview - Nature of the interviewing process - The Alberta Supreme Court, Trial Division, stated that the person or panel conducting an interview, for the purpose of evaluating the candidate, is not a tribunal with a statutory power of decision and, accordingly, is not subject to review by certiorari - See paragraphs 16 and 17.

Labour Law - Topic 9193

Public service labour relations - Job competitions - Rules for competitions - During a job competition management employees of the Department of Solicitor-General for Alberta failed to strictly follow "Procedure Governing Departmental Competitions" contained in a manual - The Alberta Supreme Court, Trial Division, stated that the manual did not impose rules to be strictly followed but were merely guidelines to be employed in most cases - The Alberta Supreme Court dismissed an application for an order of certiorari to quash an appointment by the Solicitor-General.

Cases Noticed:

Local Improvement District No. 26A5 v. Watters (1908), 8 W.L.R. 176, folld. [para. 13].

Regina Grey Nuns' Hospital Employees' Association v. Labour Relations Board, [1950] 4 D.L.R. 775, dist. [para. 15].

R. v. Manchester Legal Aid Committee, [1952] 1 A.E.R. 480, dist. [para. 15].

Calgary Power Co. et al v. Copithorne (1958), 16 D.L.R.(2d) 241, folld. [para. 17].

Re Raney et al. v. The Queen in the Right of Ontario, [1974] 4 O.R. 249, folld. [para. 17].

Re Nanda et al. v. Public Service Commission Appeal Board (1972), 34 D.L.R.(3d) 51, folld. [para. 19].

Statutes Noticed:

Public Service Act, R.S.A. 1970, c. 298, sect. 15 [para. 6]; sect. 17(4) [para. 10].

Counsel:

James R. Scott, for the applicants;

A.P. Hnatiuk, for the respondents.

This application was heard by DECHENE, J., at Edmonton, Alberta. The judgment of the Alberta Supreme Court was delivered by DECHENE, J., on February 14, 1977.