| Citation: |
Kane v. Canada (Attorney General), 2009 FC 740, [2009] 4 F.C.R. D-18 |
T-1626-07 |
Public Service
Selection Process
Judicial review of decision made by Public Service Staffing Tribunal dismissing complaint brought by applicant pursuant to Public Service Employment Act, S.C. 2003, c. 22, s. 77(1)(b)—Applicant alleging abuse of authority by Deputy Head of Service Canada on two grounds, first in declaring his substantive position new rather than reclassified, second for choosing internal advertised process rather than internal non-advertised process to staff that position—Whether tribunal erred in finding that distinction between new position, reclassified position not relevant to finding whether there was abuse of authority in choice between internal advertised, internal non-advertised appointment process— “[A]buse of authority” not defined in Act, but referred to in s. 2(4)—Applicant relying on alleged failure of tribunal to follow prior jurisprudence of Supreme Court of Canada, Federal Court of Appeal to argue that Tribunal erred in law by failing to inquire if position was new or reclassified—Current Act dealing with merit principle differently than former Public Service Employment Act, R.S.C., 1985, c. P-33—Concepts of relative, individual merit pursuant to former Act, ss. 10(1),(2) no longer engaged—Question not whether position properly characterized as new rather than reclassified but whether employer abused its authority in determining position would be staffed by advertised process following creation of pool of candidates—Participation in pool determined upon basis of success in completing standardized test—This method of proceeding authorized by Act—Application dismissed.
Kane v. Canada (Attorney General) (T-1626-07, 2009 FC 740, Heneghan J., judgment dated July 21, 2009, 18 pp.)