Canada ( Attorney General ) v. Dawidowski
T-1731-94
Richard J.
30/11/94
5 pp.
Application for judicial review of decision of Public Service Commission Appeal Board -- Respondent, employee in Edmonton District Office of Revenue Canada, appealing under Public Service Employment Act, s. 21 against alleged appointment of other employee to position of Team Leader-Department objecting to jurisdiction of Appeal Board on ground no appointment occurred -- No steps taken by Department to consider relative merit of both employees -- Appeal Board finding assignment of duties of Team Leader to other employee appointment under Act, s. 10 -- Appointment not made in accordance with merit principle-Assignment to position of Team Leader on full time basis for six months giving rise to application of merit principle, right of appeal -- Appeal Board right in concluding no deployment within meaning of Act, s. 2(1), Part III.I -- Deployment involving subjective element (intent), objective element (compliance with conditions set out in Act including Treasury Board directives, Commission guidelines) -- No evidence of either herein -- Allowing administration ex post facto to claim transfer of employee from one position to another de facto deployment would deprive employees of right of appeal under s. 21 and of safeguards written into Part III.I -- Result not intended by Parliament, contrary to proper interpretation of Act -- Application dismissed -- Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 2(1) (as am. by S.C. 1992, c. 54, s. 2), 21, Part III.I (as enacted idem, s. 22).