Vavrecka v. Canada ( Attorney General )
T-469-95
Gibson J.
13/3/96
8 pp.
Application for judicial review of deployment investigator's decision determining deployment action taken within Department of Public Works and Government Services should be upheld and applicant's complaint dismissed-Whether deployment herein made in manner directed by Treasury Board, as provided in Public Service Employment Act, s. 34.2(1)-Application allowed-Treasury Board (TB) directives providing for 10-day advance notice of deployment in work unit to which deployment has been or about to be made and requiring departments to establish deployment policies and procedures providing for advance notice of upcoming deployment opportunities-Applicant herein given no advance notice--Notice given in accordance with draft departmental policy requiring no advance notice-Draft policy failed to comply with TB's requirement-Investigator erred in concluding no advance notice required as departmental policy did not state advance notice must be given-Advance notice provision required to be included in Department's policy-Argument Investigator's decision should stand as applicant could not have met qualifications rejected-Sufficient applicant would have had opportunity to argue restriction in qualifications unfair or unreasonable-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 34.2(1) (as enacted by S.C. 1992, c. 54, s. 22).