This was an unsuccessfull appeal by appellant (“Lavigne”) of Department of Justice, Assessment Board’s decision not to consider him as a canditate for an employment opportunity

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Abuse of public office – Employment law – Competition for employment – Judicial review – Compliance with legislation – Statutory powers Lavigne v. Canada (Deputy Minister of Justice), [2009] F.C.J. No. 827, 2009 FC 684, Federal Court, July 2, 2009, Shore J. A manager at the Department ...

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 ...

The application by Taticek for judicial review of an investigator’s decision dismissing his complaint was allowed where the Court found that the investigator failed to forward a draft report or documentation, as promised, and merely issued her final report breaching a duty of procedural fairness owed to Taticek

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Government employees – Employment law – Competition for employment – Investigations – Judicial review – Procedural requirements and fairness – Evidence – Disclosure – draft report Taticek v. Canada (Attorney General), [2009] F.C.J. No. 474, Federal Court, April 9, 2009, Phelan J. Taticek, a federal public servant, ...