PUBLIC SERVICE |
Selection Process |
Canada (Attorney General) v. Smith
T-2127-02
2004 FC 623, von Finckenstein J.
29/4/04
4 pp.
Judicial review of Appeal Board's decision allowing appeal from selection process--Competition poster listing six qualifications, each having sub-factors--"Knowledge", "Abilities and Skills" given pass scores of 60% by Selection Board--No pass score set for their sub-factors--On appeal, Appeal Board holding pass scores needed to be established for sub-factors--Selection Board reconvened, established 50% pass score for each sub-factor--Second appeal allowed on ground effectively changed pass mark for "Knowledge", "Abilities and Skills", and illogical for pass marks for sub-factors to be different than those for qualifications--Under Public Service Employment Act, s. 21(3), Public Service Commission may direct corrective measures be taken to cure defect in selection process--Here, Commission directed Selection Board to establish pass mark for sub-factors-- Selection Board having wide discretion in applying corrective measures provided comply with directions--Nothing illogical in Selection Board deciding successful candidates must have knowledge and skills and abilities qualification of at least 60%, said score being average of two scores for sub-factors, as long as candidates received at least 50% for those sub-factors--Open to Selection Board to apply corrective measures as it did, Appeal Board erred in concluding otherwise--Application allowed--Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21(3) (as am. by S.C. 1992, c. 54, s. 16).