PUBLIC SERVICE |
Selection Process |
Competitions |
Chowdhury v. Canada (Attorney General)
T-2127-01
2004 FC 557, O'Reilly J.
14/4/04
7 pp.
Judicial review of Public Service Commission Board of Inquiry's (Board) decision concluding applicant ineligible to participate in competition--While working part-time as Data Researcher at Human Resources Development Canada, applicant applied for full-time position with Citizenship and Immigration Canada (CIC)--Competition for position closed, meaning only public servants eligible to participate in it-- Applicant successful, appointed to full-time, indeterminate position in April 2001--Next month, CIC discovered applicant ineligible to compete for his new job because worked part-time, not full-time--Board found Public Service Employment Act (Act), s. 2(1) defines "closed competition" as one limited to persons employed in Public Service, and defines "employee" as person employed in part of Public Service over which Commission has authority--Part-time Work Exclusion Approval Order (Order) excludes from Commission's authority persons ordinarily working a third or less of normal work week--Board held combined effect of two instruments rendered part-time workers ineligible to participate in closed competitions--Applicant arguing Act saying "persons employed in the Public Service" can participate in closed competitions, not that closed competitions only open to "employees" of Public Service-- Commission clearly had power to exclude certain persons from Act entirely (s. 41(1))--It decided by way of Order to exclude part-time workers--Board's reasons adequate as set out clear, coherent explanation for conclusion--Application dismissed--Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 2(1) "closed competition", "employee", 41(1) (as am. by S.C. 1999, c. 31, s. 186)--Part-time Work Exclusion Approval Order, SOR/81-33a.