PUBLIC SERVICE |
Selection Process |
Merit Principle |
Go v. Canada (Attorney General)
T-790-03
2004 FC 471, Mactavish J.
29/3/04
11 pp.
Judicial review of decision of Public Service Commission Appeal Board (PSCAB)--Applicant eliminated from competition when failed written test of knowedge--Appealed proposed appointment of successful candidate, alleging deficiencies in competition process, including failure to assess candidates' written communication skills, problems with marking scheme--PSCAB allowing appeal on ground Selection Board erred in failing to assess ability of successful candidate to communicate in writing--As applicant eliminated prior to "Abilities'" component, such finding not assisting his efforts to obtain position--PSCAB also identified problem with marking of knowledge exam, but held re-marking would not affect result of competition--Only re-marking two out of 14 exams: that of successful candidate, applicant--Error could have direct bearing on candidacy--As preliminary matter, respondent contending applicant seeking to review reasons, as opposed to decision, and submits not function of judicial review and thus Court without jurisdiction to entertain application--Decision of PSCAB simply states appeal allowed--PSCAB's reasons disclosing that, notwithstanding statement appeal allowed, in reality, appeal only partly successful--Applicant now seeking review not of reasons, but of issue on which not successful--As properly subject of judicial review, necessary to consider merits of application-- PSCAB must ensure any irregularity in competition process did not influence selection of most meritorious candidate-- Without considering effect error had on results of all 14 candidates, Selection Board's error resulted in violation of merit principle--No way of knowing how candidate would have fared on abilities and personal suitability components of examination, nor where they would have ended up in overall order of merit--Without answers to these questions, flaw in marking system had effect on whether merit principle respected in competition--Application allowed.