Ricketts v. Department of Transport, (1983) 52 N.R. 381 (FCA)

• Judge: Thurlow, C.J., Stone, J., and Cowan, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: October 31, 1983
• Jurisdiction: Canada (Federal)
• Citations: (1983), 52 N.R. 381 (FCA)

Ricketts v. Department of Transport (1983), 52 N.R. 381 (FCA)

MLB headnote and full text

Ricketts v. Department of Transport

(No. A-807-82)

Indexed As: Ricketts v. Department of Transport

Federal Court of Appeal

Thurlow, C.J., Stone, J., and Cowan, D.J.

October 31, 1983.

Summary:

An applicant in a closed competition for a bilingual position with the Department of Transport was disqualified because he could not speak French. He was qualified in all other aspects. The applicant appealed the appointment of the successful candidate.

The Public Service Commission Appeal Board allowed the appeal, because bilingualism was not a reasonably necessary requirement for the job. The Department applied under s. 28 of the Federal Court Act to set aside the Board's decision.

The Federal Court of Appeal allowed the application and referred the matter back to the Board for redetermination. The court held that the establishment of the requirement of bilingualism for the job was a managerial decision and it was beyond the Board's jurisdiction to determine its reasonableness.

Labour Law - Topic 9053

Public service labour relations - The board - Jurisdiction - The Federal Court of Appeal held that the establishment of job qualifications was a managerial decision of the employer and it was beyond the jurisdiction of the Public Service Commission Appeal Board to determine whether the qualifications were reasonably necessary for the job - See paragraphs 5 to 9.

Labour Law - Topic 9185

Public service labour relations - Job competitions - Qualification of applicants - Fixing of - The federal Department of Transport established a requirement of bilingualism for one of its positions - An applicant challenged the requirement as not being reasonably necessary for the position - The Federal Court of Appeal held that the fixing of job qualifications was a managerial decision and therefore not subject to appeal - See paragraphs 5 to 9.

Cases Noticed:

Bauer v. Public Service Appeal Board, [1973] F.C. 626; 6 N.R. 183, appld. [para. 8].

Demers v. Attorney General of Canada, [1974] F.C. 270; 2 N.R. 89, appld. [para. 8].

Brown et al. v. Appeals Branch, Public Service Commission, [1975] F.C. 345; 9 N.R. 493, appld. [para. 8].

Kelso v. Her Majesty the Queen, [1979] F.C. 659; 31 N.R. 70, revd. [1981] 1 S.C.R. 199; 35 N.R. 19, appld. [para. 8].

Statutes Noticed:

Public Service Employment Act, R.S.C. 1970, c. P-32, sect. 10, sect. 21 [para. 7].

Counsel:

A.R. Pringle, for the applicant;

L.L. Ricketts, on his own behalf.

This application was heard at Fredericton, N.B., on October 25, 1983, before Thurlow, C.J., Stone, J., and Cowan, D.J., of the Federal Court of Appeal.

On October 31, 1983, Thurlow, C.J., delivered the following judgment for the Federal Court of Appeal.