Mathieu v. Canada ( Deputy Minister of National Defence )
A-1193-91
Strayer J.
17/11/94
4 pp.
Appeal from trial judgment ((1991), 49 F.T.R. 142) refusing to quash decision rejecting appellant on probation-Appellant employed as technical analyst/programmer since March 1989 in position on loan to Directorate of Cataloguing and Identification in DND from Canadian Forces-Successfully completing probation in March 1990-In April position recalled-Appellant accepting newly established position on basis subject to another probation period-Rejected on probation-Trial Judge holding attachment to second position constituting new appointment, thus commencing probation period prescribed in Public Service Employment Act, s. 28 and Regulations, s. 28-Appeal allowed-Test of whether new "appointment" of person already employed in public service objective, depending on whether employee in fact assigned to distinctly different duties, functions: Doré v. Canada, [1987] 2 S.C.R. 503 and Canada (Attorney General) v. Brault, [1987] 2 S.C.R. 489-Trial Judge finding appellant's functions while attached to two different positions similar-Assignment to second position not "appointment" because, for all practical purposes, continuing to perform same functions, duties-New probation period not commenced-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 28-Public Service Employment Regulations, C.R.C., c. 1337, s. 28.