PUBLIC SERVICE |
Selection Process |
Competitions |
Stewart v. Canada (Attorney General)
T-2384-00
2002 FCT 423, Kelen J.
12/4/02
7 pp.
Application for judicial review of decision of Public Service Commission Appeal Board dismissing applicant's appeal of appointment of respondent Siggner to position of Senior Analytical Advisor, Aboriginal Statistics, Department of Statistics Canada--Due to computer error in selection process, only four and half pages of applicant's nine-page résumé considered in appointment process under Public Service Employment Act, s. 10--Applicant advised did not have requisite experience to qualify for position--Whether Appeal Board erred in concluding no defect in selection process since applicant invited to provide more information, but declined upon understanding already provided relevant information in résumé--Parties agreed employer's system cause of computer error--Appeal Board's conclusion computer error did not affect proper application of merit principle in Act, s. 10 question of law--Appropriate standard of review with respect to question of law correctness--Under Act, s. 10, appoint-ments within Public Service based on selection according to merit, made by competition, such other process of personnel selection designed to establish merit of candidates--Applicant not considered on merit for appointment--Appeal Board erred in law in finding selection board made appointment according to merit principle as required by Act, s. 10(1)--Failure to assess applicant based on actual résumé, rather than incomplete résumé transmitted due to computer error, material defect in appointment process--Reasonable legitimate expectation by applicant selection board would read résumé, notice cut-off, incomplete--Appeal Board erred in fact in concluding department acted reasonably--Application allowed--Public Service Employment Act, R.S.C., 1985, c. P-33, s. 10 (as am. by S.C. 1992, c. 54, s. 10).