The Attorney General of Canada successfully appealed a judgment from the Federal Court of Appeal. The Federal Court of Appeal allowed the appeal from the decision affirming a tribunal’s decision that Service Canada had not abused its authority when it advertised to fill a position that respondent claimed was not a new position and ought not to have been advertised.

27. December 2012 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employee classification – Abuse of public authority – Labour law – Government – Employees – Employment law – Appointment – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Canada v. Kane, [2012] S.C.J. No. 64, 2012 SCC ...

The Federal Court allowed an application by a group of federal employees for judicial review of a decision of the Public Service Staffing Tribunal, which had dismissed complaints of abuse of authority that had been filed by the applicants. The Court found that the Tribunal had failed to properly consider the evidence before it and that its decision was unreasonable.

27. October 2009 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Abuse of public authority – Employment law – Appointment – Competition for employment – Judicial review – Compliance with legislation – Jurisdiction of tribunal – Evidence – Standard of review – Reasonableness simpliciter Brown v. Canada (Attorney General), [2009] F.C.J. No. 943, ...

Three job applicants applied for judicial review of a decision of the Public Service Staffing Tribunal, which had dismissed complaints of abuse of authority in assessments of merit in an internationally advertised appointment process by Service Canada. The Court allowed the application, finding that the evidence suggested that the Assessment Board abused its authority by basing its assessment on inadequate information and the Tribunal entirely overlooked strong evidence on that point. The Tribunal thereby failed to afford the applicants procedural fairness.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – Public Service Staffing Tribunal – Employment law – Competition for employment – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Correctness – Abuse of public authority Hammond v. Canada (Department of Human Resources and Social Development), [2009] F.C.J. No. 763, Federal ...