Public Service Employment Act, Re, (1974) 4 N.R. 368 (FCA)

JudgeJackett, C.J., Thurlow and Pratte, JJ.
CourtFederal Court of Appeal (Canada)
Case DateMay 24, 1974
JurisdictionCanada (Federal)
Citations(1974), 4 N.R. 368 (FCA)

Public Service Employment Act, Re (1974), 4 N.R. 368 (FCA)

MLB headnote and full text

Re Public Service Employment Act

Indexed As: Public Service Employment Act, Re

Federal Court of Appeal

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

July 4, 1974.

Summary:

This case arose out of a grievance by an employee in the Department of External Affairs. The employee was one of 21 candidates who were qualified for promotion to 8 vacant positions in the Department of External Affairs. The positions were filled without a competition. The positions were filled by a selection board. The aggrieved employee was not selected for one of the positions. The aggrieved employee appealed the decisions of the selection board to an appeal board pursuant to s. 21 of the Public Service Employment Act. The appeal board dismissed the appeal by the employee.

On appeal to the Federal Court of Appeal the appeal was dismissed and the decisions of the appeal board were affirmed.

The Federal Court of Appeal stated that the decisions of the appeal board were not subject to attack merely because the appeal board could have made a more thorough inquiry - see paragraph 10. The Federal Court of Appeal stated that the Public Service Employment Act and its regulations did not require that the selection board consider exclusively a candidate's "inventory" data and employee appraisals - see paragraphs 27 and 28.

Labour Law - Topic 9133

Public service labour relations - Adjudication of a grievance by a board - Required scope of inquiry by the board - A board was appointed pursuant to s. 21 of the Public Service Employment Act to inquire into the selection of candidates for eight vacant positions in the Department of External Affairs - The positions were filled by a selection board without a competition - The Federal Court of Appeal held that the decisions of the selection board were not subject to attack merely because the selection board could have made a more thorough inquiry - See paragraph 10.

Labour Law - Topic 9257

Public service labour relations - Job selection - Selection process - Relevant considerations in determining the merit of candidates - The Federal Court of Appeal stated that the selection of candidates for positions in the Department of External Affairs pursuant to the Public Service Employment Act and its regulations did not require that the selection board consider exclusively a candidate's "inventory" data and employee appraisals - See paragraphs 14 to 28.

Cases Noticed:

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

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 10 [para. 17].

Counsel:

Brian A. Crane and Ovide LaFlomme, for the applicant;

Paul Evraire, for the respondent.

This appeal was heard by the Federal Court of Appeal on May 24, 1974. Judgment was delivered by the Federal Court of Appeal on July 4, 1974 and the following opinions were filed:

PRATTE, J. - see paragraphs 1 to 29.

JACKETT, C.J. and THURLOW, J. - see paragraph 30.

To continue reading

Request your trial