PUBLIC SERVICE |
Labour Relations |
Professional Association of Foreign Service Officers v. Canada (Attorney General)
A-27-02
2003 FCA 162, Strayer J.A.
26/3/03
12 pp.
Judicial review of decision of Public Service Staff Relations Board (Board)--Board determining successful candidates to Foreign Service Development Program (FSDP) required to take official language training not "employees" under Public Service Staff Relations Act, s. 34 while taking language training and thus barred from membership in bargaining unit represented by applicant--Board had clear evidence of formal agreement between Department of Foreign Affairs and International Trade Service (DFAIT) and Ms. Qureshi (typical case) to effect she would not be offered position as foreign service officer in FSDP until successful conclusion of language training--Board had to decide requirements for one to become "employee" within meaning of s. 34--No place in legal structure for public servant without position created by Treasury Board and without appointment made by Public Service Commission: Canada (Attorney General) v. Public Service Alliance of Canada, [1991] 1 S.C.R. 614--DFAIT had delegated authority from Public Service Commission to appoint candidates to foreign service officer positions--But no formal instrument making such appointment prior to completion of language training--In Qureshi's case offer of appointment as foreign service officer sent, signed after successful completion of language training--Applicant unable to demonstrate any other "instrument of appointment" fixing any date, as required by Public Service Employment Act, s. 22--Therefore, Board applied right principles of law in finding Qureshi became employee in Public Service after completion of language training--Application for judicial review dismissed--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 34--Public Service Employment Act, R.S.C., 1985, c. P-33, s. 22 (as am. by S.C. 1992, c. 54, s. 17).