PUBLIC SERVICE |
Johnson v. Canada (Customs and Revenue Agency)
T-1937-02
2004 FC 646, von Finckenstein J.
19/5/04
9 pp.
Judicial review of Canada Customs and Revenue Agency's (CCRA) decision conversion of applicants' positions to MG-05 should be revoked as result of Public Service Commission's (Commission) decision to abandon AU-03 competition--As result of competition, applicants appointed to AU-03 positions--When competition, corrective measures successfully appealed, appointments revoked--In interim, employer converting AU-03 positions to MG-05 positions-- Decision under review result of revocation of appointments-- CCRA having full authority for own staffing matters, but under Canada Customs and Revenue Agency Act, s. 100 employment appeals commenced before Act coming into force to be resolved under Public Service Employment Act-- Staffing program adopted under CCRA, s. 54 not providing for conversions, but providing for reclassifications--Nothing preventing CCRA from adopting provisions regarding conversion in its Staffing Program, but chose not to do so --Not all AU-03 positions converted to MG-05 positions, but only those having supervisory duties--In addition, new MG-05s given new duties, new title, significant pay increase-- Reclassification defined in Public Service Employment Regulations, 2000, s. 1--Only reclassification involving entire occupational group and no change in duties, considered conversion--No reason why this definition not generally applicable to all reclassifications within public service, including those undertaken by CCRA--Applicants' positions not "converted"--CCRA had no power to convert, but more significantly, action taking place actually amounting to reclassification, not conversion--True nature of staffing action determined by its effect, not name agency attaches to it-- Given applicants appointed to MG-05 positions by time Commission decided to abandon AU-03 competition, revocation of AU-03 positions having no effect upon applicants' employment status--Commission's decision had no effect upon applicants--CCRA erred in concluding had to give effect to Commission's revocation by revoking MG-05 appointments--Application allowed--Public Service Employment Regulations, 2000, SOR/2000-80, s. 1 "reclassified"--Public Service Employment Act, R.S.C., 1985, c. P-33--Canada Customs and Revenue Agency Act, S.C. 1999, c. 19, ss. 54, 100.