| Citation: |
McLaughlin v. Canada (Attorney General), 2010 FC 399, [2010] 2 F.C.R. D-9 |
T-1022-09 |
Employment Law
Judicial review of Independent Third Party Reviewer’s decision dismissing applicant’s request for recourse concerning Canada Revenue Agency’s (CRA) internal staffing decision—Issue whether CRA acting arbitrarily by revoking employment offer made to applicant as a result of corrective measures initiated because of mistakes in job posting—Staffing at CRA governed by Staffing Program established pursuant to Canada Revenue Agency Act, S.C. 1999, c. 17, s. 54(1)—Reviewer mischaracterizing nature of CRA’s error pertaining to job posting, misapplying rules of staffing process to findings, asking wrong questions in resolving issue—Reviewer focussing on evaluation of other candidates when really, should have focussed on treatment of individual in process (i.e. applicant)—Staffing Program providing corrective measures for errors in job posting—Instead, reviewer applying general staffing principle—Such principle not taking precedence over specific corrective measures provided for in Staffing Program when responding to employee’s pursuit of recourse—Reviewer’s decision thus unreasonable since not properly considering measures available in Staffing Program—Application allowed.
McLaughlin v. Canada (Attorney General) (T-1022-09, 2010 FC 399, Mandamin J., judgment dated April 13, 2010, 13 pp.)