Langtree, Re, (1973) 1 N.R. 215 (FCA)

• Judge: Jackett, C.J., Thurlow and Pratte, JJ.
• Court: Federal Court (Canada)
• Case Date: December 13, 1973
• Jurisdiction: Canada (Federal)
• Citations: (1973), 1 N.R. 215 (FCA)

Langtree, Re (1973), 1 N.R. 215 (FCA)

MLB headnote and full text

Re Langtree

Indexed As: Langtree, Re

Federal Court of Canada

Appeal Division

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

December 13, 1973.

Summary:

This case arose out of an application to set aside a decision of an appeal board appointed pursuant to s. 21 of the Public Service Employment Act. The appeal board was appointed after a postal employee was informed that he was unsuccessful in a competition for a special training position in the post office. The appeal board dismissed the employee's appeal. The Federal Court of Appeal set aside the dismissal of the appeal board because the appeal board based its conclusions on the assumption that "no specific appointments are to be made as a result of this competition" - see paragraphs 4 and 8.

Labour Law - Topic 9128

Public service labour relations - Adjudication of grievance by an appeal board - Public Service Employment Act - The applicant was advised that he was unsuccessful in a competition for a special training position in the post office - The applicant's appeal to an appeal board pursuant to s. 21 of the Public Service Employment Act was dismissed - The Federal Court of Appeal set aside the decision of the appeal board because the board based its conclusions on an assumption that "no specific appointments are to be made as a result of the competition" - See paragraph 8.

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 21 [para. 4].

Counsel:

J.P. Nelligan, Q.C., for the applicant;

R.G. Vincent, for the respondent.

The judgment of the court was delivered by JACKETT, C.J.