Public Service
Selection Process
Merit Principle
Judicial review of decision by Appeal Board of Public Service Commission Investigations Branch allowing appeal brought by respondent under former Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21—Respondent requesting deferral of competition date for CX-03 correctional supervisor position for personal reasons—Chairperson of Selection Board informing respondent request could not be granted—Appeal Board erring in law by disregarding fact that even method of accommodation subject to merit principle—Selection of successful candidates having to respect merit principle, regardless of individual results—Impossible for Appeal Board to determine right period to make risk of leak acceptable—Appeal Board erring in substituting its opinion for what seems a reasonable precaution to protect merit principle in selection process—Appeal Board erring in deciding that Selection Board did not comply with merit principle because it breached duty to reasonably accommodate respondent—Appeal Board making patently unreasonable findings of fact when stating respondent’s delay in notifying justified—Without convincing reason, Selection Board having no duty to accommodate in response to late request—Application allowed.
Canada (Attorney General) v. East (T-641-07, 2008 FC 1295, Shore J., judgment dated November 28, 2008, 18 pp.)