PUBLIC SERVICE |
Termination of Employment |
Canada (Attorney General) v. Fortin
A-98-03
2003 FCA 376, Décary J.A.
10/10/03
5 pp.
Respondent, public servant employed by Department of Citizenship and Immigration, declared surplus and laid off after evaluation in reverse order of merit--Appeal from judgment of Federal Court judge allowing application for judicial review of decision by adjudicator that termination of respondent's employment not disguised disciplinary action but administrative decision made in good faith and in accordance with Public Service Employment Act, s. 29(1)--Appeal allowed--As judge took same view as adjudicator on this point he should have dismissed application for judicial review --Had no jurisdiction to rule on question of validity of evaluation process, conclude process vitiated on account of apparent bias and allow application for judicial review on this ground--Question had already been decided by Public Service Commission and Commission's decision not subject of any application for judicial review--Public Service Employment Act, R.S.C., 1985, c. P-33, s. 29(1) (as am. by S.C. 1996, c. 18, s. 16).