Public Service
Selection Process
Merit Principle
Judicial review of Appeal Board’s dismissal of appeal from selection board’s decision not to award applicant point for answer to knowledge question dealing with health, safety standards at Department of National Defence (DND)—Applicant taking part in DND competition for Production Superintendent—Ranking second but would have been successful had he received point for answer to question at issue —Question whether employer (B) “must” or (C) “shall” ensure health, safety at work of employees in accordance with Canada Labour Code (CLC), R.S.C., 1985, c. L.2, s. 124—Applicant answering (B), but DND only accepting (C) as correct response—Appeal Board finding words “must”, “shall” having same meaning but nevertheless dismissing appeal—Should have considered purpose of question from merit principle standpoint—Purpose of question to determine whether candidate having knowledge of mandatory nature of employer’s obligations set out in CLC, s. 124—Because Appeal Board failing to consider true purpose of question asked, decision unreasonable—Application allowed.
Tulk v. Canada (Attorney General) (T-1399-07, 2008 FC 963, Zinn J., judgment dated August 26, 2008, 9 pp.)