PUBLIC SERVICE |
Appeals |
Maassen v. Canada (Attorney General)
T-1608-99
2001 FCT 633, McKeown J.
8/6/01
11 pp.
Judicial review of Public Service Appeal Board decision--Transport Canada initiated closed departmental competition for position of Regional Director, Human Resources--Appointment of successful candidate successfully appealed by applicant Maassen--Commission revoked appointment of successful candidate, directed Transport Canada to conduct new competition by way of letter, which concluded "this selection process is a new process, not a corrective measure"--Transport Canada then held new competition based on new set of experience, qualifications, selection board, save for one member--Applicants' appeal against second selection for appointments dismissed by Appeal Board--Appeal Board holding appeal undertaken under Public Service Employment Act, s. 21(1), not as result of corrective measures taken by Commission under s. 21(3)--Accordingly appeal not subject to s. 21(4)--S. 21(3) providing where board determining defect in selection process, Commission may take such measures as considers necessary to remedy defect--S. 21(4) providing where person appointed as result of measures taken under s. 21(3), appeal may be taken under s. 21(1) or 21(1.1) on ground measures so taken not resulting in selection according to merit--Applicants submitted that notwithstanding letter's closing statement, substantive content called for corrective measures to be taken--Alleged every direction in letter attributable to defects identified by first Appeal Board--Submitting s. 21(3) demanding Commission take corrective measures once revoked appointment successfully appealed to Appeal Board--S. 21(3) discretionary--Commission not required to take remedial action--Can conduct entirely new selection process and appeals not governed by s. 21(4)--S. 21(3) simply empowering Commission to remedy defect, but not requiring Commission to do so--Commission had authority to direct completely new selection process be conducted--S. 10(1) requiring appointments to be based on selection according to merit--Appeal by applicants made under s. 21(1.1)--Only arguments open to them that Commission not conducting competition in accordance with merit principle--Application dismissed--Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 10(1), 21 (as am. by S.C. 1992, c. 54, s. 16).