PUBLIC SERVICE |
Selection Process |
Merit Principle |
Nelson v. Canada (Attorney General)
T-2027-99
2001 FCT 237, Muldoon J.
4/5/01
14 pp.
Application for judicial review of decision by Public Service Commission Appeal Board holding Selection Board which conducted staffing competitions for two positions at Human Resources Development Canada in Okanagan Service Area did not contravene merit principle--In fall of 1998, HRDC created new position known as Service Delivery Representative at CR-05 level--Eligibility list established--Appeal Board holding merit principle not contravened because of ranking method used--Standard of review of Appeal Board's decisions correctness--Selection Board errs in law when not requiring candidates to succeed on each of advertised qualifications for position--Changing advertised qualifications by eliminating one or more unfair--Selection Board eliminated qualifications, erred when established eligibility list--That qualifications listed under rubrics of "Knowledge", "Personal Suitability" not diminishing importance of each one--Each discrete qualification must be evaluated as each one essential, independent of others--Selection Board lowered Agent I Test Battery passing score from 70% to 60% before assessing candidates--Change not advertised in competition poster--Selection Board modified qualification poster by using pass score which was not standard pass score--Erred in law by unwittingly misleading potential candidates--Selection Board erred by lowering pass mark because training would be provided--Such technique subverting merit principle--Qualifications required after selection cannot substitute for prior assessment of relative merit--Application allowed.