[2012] 4 F.C.R. D-5
Public Service
Selection Process
Judicial review of Public Service Staffing Tribunal (PSST) decision dismissing abuse of process complaint in appointment process for lack of jurisdiction—While working for Statistics Canada, applicant receiving e-mail from manager at Human Resources and Social Development Canada (HRSDC) indicating willingness to hire him—However, applicant’s employment with Statistics Canada terminated before deployment to HRSDC finalized—HRSDC manager subsequently informing applicant of his inability to make formal offer of employment—Applicant filing complaint with PSST—PSST noting that employee’s right to make complaint under Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (PSEA), s. 77 conditional on appointment or proposed appointment having been made—Since no appointment made herein, PSST not having jurisdiction to consider complaint—Moreover, PSST finding that if staffing transaction indeed contemplated as deployment, not having jurisdiction to consider, dispose of complaint as PSEA, s. 53(1) specifically excluding “deployment” from meaning of “appointment”—Evidence herein pointing to deployment as opposed to appointment process—PSEA, s. 53(1) clear that deployment not appointment within meaning of PSEA—PSST not entitled to consider complaints in relation to deployment—PSST’s dismissal of complaint for lack of jurisdiction therefore not in error—PSST not breaching procedural fairness by failing to provide applicant with oral hearing, particularly in light of opinion it did not have jurisdiction to hear complaint—Applicant not automatically entitled to oral hearing in response to complaint—Finally, determination there was no appointment or proposed appointment not unreasonable—Application dismissed.
Boshra v. Canada (Attorney General) (T-789-10, 2012 FC 681, Near J., judgment dated June 4, 2012, 17 pp.)