Labonté v. Canada ( Chairman of the Appeal Board Established Pursuant to the Public Service Employment Act )
A-30-95
Hugessen J.A.
29/11/96
4 pp.
Appeal from recommendation of release for incompetence under Public Service Employment Act, s. 31-At hearing of appeal, appellant presenting medical evidence to effect at time of recommendation and during at least two previous years, unknown to him, suffered from depression rendering him unable to fulfil duties of his position-Appeal Board erred in law when it confused existence of certain facts with knowledge thereof-Appellant's depression had existed, according to medical evidence, since 1990, long before date of release recommendation-Knowledge of this fact acquired only in July 1993, several months after recommendation-Appeal Board should have taken this into account, not to "censure" Department but to assess merit of recommendation-Appeal allowed-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 31.