PUBLIC SERVICE |
Appeals |
Hasan v. Canada (Attorney General)
T-1760-98
Sharlow J.
17/1/00
5 pp.
Judicial review of Public Service Appeal Board's decision not having jurisdiction to hear appeal under Public Service Employment Act, s. 21 of appointment to position of Chief of Appeals of Southern Ontario Regional office of Revenue Canada--In 1996 Revenue Canada holding closed competitions for positions of Chief of Appeals and Director, Programs--Applicant applying for position of Chief of Appeals--As no applicants qualified, no appointment made, no appeal rights arose on basis of competition--Applicant not applying for Director, Programs position--Eight qualified candidates for Director, Programs position placed on eligibility list--Public Service Commission deciding as positions similar, position of Chief of Appeals could be filled from eligibility list for position of Director, Programs--Chief of Appeals appointed from eligibility list--Application allowed--S. 21(1) not giving applicant right to appeal appointment from eligibility list because applicant not candidate for position Director, Programs, process by which eligibility list established--Appointment of Chief of Appeals made from within Public Service by process of personnel selection other than competition--Creation of eligibility list result of competition, but choice of individual as Chief of Appeals not--S. 21(1.1) giving applicant right to appeal appointment--Appeal Board having jurisdiction to hear appeal--Confused issue of jurisdiction with substantive issues raised by applicant--Lengthy hearing on question of whether two positions similar--Appeal Board not permitting all relevant evidence to be heard because impossible to determine how applicant would have presented case if Appeal Board not insisting on determining question of similarity of positions as threshold question--Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21 (as am. by S.C. 1992, c. 54, s. 16).