Stout v. Public Service Commission of Canada, Appeals Branch and Murby, (1983) 51 N.R. 68 (FCA)

• Judge: Pratte, Hugessen, and Stone, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: December 05, 1983
• Jurisdiction: Canada (Federal)
• Citations: (1983), 51 N.R. 68 (FCA)

Stout v. Public Service Comm. (1983), 51 N.R. 68 (FCA)

MLB headnote and full text

Stout v. Public Service Commission of Canada, Appeals Branch and Murby

(No. A-420-83)

Indexed As: Stout v. Public Service Commission of Canada, Appeals Branch and Murby

Federal Court of Appeal

Pratte, Hugessen, and Stone, JJ.

December 5, 1983.

Summary:

A closed competition for two jobs was held without preparing a statement of qualifications before the competition, as required under s. 4 of the Public Service Employment Regulations. An unsuccessful job applicant appealed the two appointments because of the irregularity in the competition. An Appeal Board established by the Public Service Commission dismissed the appeal. The applicant applied under s. 28 of the Federal Court Act to set aside the Board's decision.

The Federal Court of Appeal allowed the appeal and referred the matter back to the Appeal Board with directions.

Labour Law - Topic 9185

Public service labour relations - Job competitions - General - Qualifications of applicant - Fixing of - A closed job competition was held for two jobs under s. 7(1)(c) of the Public Service Employment Regulations without preparing a statement of qualifications before the competition, as required by s. 4 of the Regulations - The Federal Court of Appeal held that the two appointments were invalid, because there was a real possibility that, in the absence of the irregularity, the result of the competition might have been different.

Cases Noticed:

Griffon v. Att. Gen. of Canada, [1973] F.C. 670, refd to. [para. 3].

Cleary v. Public Service Appeal Board, [1973] F.C. 688, refd to. [para. 3].

Bambrough v. Public Service Commission, [1976] 2 F.C. 109; 12 N.R. 553, refd to. [para. 3].

Coldwell et al. v. Public Service Commission (1978), 25 N.R. 458 (F.C.A.), refd to. [para. 3].

Re: Silk and Umpire under Unemployment Insurance Act (1983), 128 D.L.R. (3d) 366, refd to. [para. 5].

Statutes Noticed:

Public Service Employment Act Regulations, sect. 4 [para. 2].

Counsel:

F.A. Schroeder, for the applicant;

D. Sgayias, for the respondents.

This application was heard at Vancouver, B.C., on December 5, 1983, before Pratte, Hugessen and Stone, JJ., of the Federal Court of Appeal.

On December 5, 1983, Pratte, J., delivered the following judgment for the Federal Court of Appeal.