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PUBLIC SERVICE

Judicial review of Public Service Commission decision declining jurisdiction to investigate complaint under Public Service Employment Act, s. 7.1—Applicant entitled to priority appointment after return from disability leave but Department offered position to another without considering her—By requesting additional information from Depart-ment without applicant’s knowledge Commission breaching duty of fairness—Also imposing higher burden of proof than prima facie case—Application allowed—Public Service Employment Act, R.S.C., 1985, c. P‑33, s. 7.1 (repealed by S.C. 2003, c. 22, s. 284).

Mercer v. Canada (Attorney General) (T‑460‑05, 2005 FC 1567, de Montigny J., order dated 18/11/05, 14 pp.)

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