Public Service
Selection Process
Competitions
Judicial review of decision by Director General of Revenue and Accounting Systems Directorate, Canada Revenue Agency, confirming staffing actions taken by Agency, declining to take corrective measure—Prior to these actions, applicant granted “Preferred Status” under Staffing Program of Canada Revenue Agency—Whether Director General made reviewable error in stating applicant did not meet “minimum requirements” for staffing actions—“Minimum requirements” simply directed to education, language, security—“Full qualification” directed to talents, experience, capabilities for particular job—Applicant meeting “minimum requirements”, but not having “full qualifications”—Decision stating applicant “did not meet the minimum requirements” erroneous, unreasonable interpretation of Staffing Program as not addressing fact certain positions filled without selection process whereby lack of full qualifications irrelevant for persons having “Preferred Status”—Application allowed.
Gerus v. Canada (Revenue Agency) (T-252-08, 2009 FC 55, Hughes J., judgment and order dated January 21, 2009, 14 pp.)