FPSLREB Decisions

The complainant alleged that the respondent, the Correctional Service of Canada (“CSC”), abused its authority in the assessment of his application by choosing a non-advertised appointment process and by discriminating against him on the ground of disability when it screened him out of the process. Due to an injury on duty in 2022, the complainant was granted Internal Permanent Accommodation Status (“IPAS”) within the CSC. Employees with IPAS are considered first for indeterminate or temporary positions of six months or longer within the CSC. When the non-advertised appointment process was initiated for the position at issue, the hiring manager reached out to the complainant, provided him with the statement of merit criteria, and asked him to explain how he met the education requirement and the experience qualifications. The complainant was screened out because he did not meet two of the experience qualifications. Therefore, the hiring manager obtained the clearance to continue with the non-advertised process and appointed the appointee on an acting basis who had previously acted in the position. The respondent indicated that a non-advertised process was chosen due to pressing operational needs. The complainant also alleged that the appointee was appointed based on personal favouritism; however, there was no evidence to support it. As for the complainant’s assessment, the Board found that there was no abuse of authority and that the respondent had the discretion to choose the assessment method. He was given three opportunities to explain in writing how he met the experience qualifications, and the selection board determined that he did not meet them. With respect to the discrimination allegation, the Board found that the complainant did not demonstrate a prima facie case of discrimination because he did not establish a nexus between his disability and the decision not to appoint him to the position.

Complaint dismissed.