Canada ( Attorney General ) v. Canada ( Chairperson of Appeal Board-Public Service Employment Act )
A-96-92
Décary J.A.
11/3/93
4 pp.
Dismissal for cause-Application to set aside Appeal Board decision reversing recommendation employee be released under Public Service Employment Act, s. 31 for incapacity in performance of duties-Employee absent from work because of illness for periods totalling 37 months from September 1987 to August 1991-Warden recommending release of employee as no real likelihood of improvement in medical condition-Appeal Board allowing employee's appeal on basis of new evidence-Error of law by Appeal Board in looking beyond facts in existence at time of recommendation-Evidence adduced can only be of facts existing at time of recommendation-Recommendation to release reasonably made-Application allowed-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 31.