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Champagne v. Deputy Minister of Public Works and Government Services - 2017 FPSLREB 29 - 2017-09-29

12 At the hearing, the complainant argued that an abuse of authority occurred in the merit-based assessment under s. 77(1)(a) of the PSEA. He did not allege that the respondent had failed to assess him in the official language of his choice, in accordance with s. 77(1)(c).   [...]  14 Subsection 77(1) of the PSEA specifies thata person in the area of recourse may make a complaint to the Board that he or she was not appointed or proposed for appointment due to an abuse of authority.   [...]  26 As noted, the complainant did not make his complaint under s. 77(1)(c) of the PSEA;i.e., he did not complain that he was not assessed in the official language of his choice.

McAleer v. Deputy Minister of National Defence - 2012 PSST 0013 - 2012-05-22

On January 25, 2011, the complainant filed a complaint under s. 77 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA).   [...]  46 The Tribunal held in Jolin v. Deputy Head of Service Canada, 2007 PSST 0011, at para. 77: Section 36 of the PSEA provides that the deputy head may use any assessment method that he or she considers appropriate in an internal appointment process.   [...]  53 Section 80 of the PSEA provides that in determining whether a complaint is substantiated under s. 77, the Tribunal may interpret and apply the CHRA.

Bell v. Deputy Head of Service Canada et al. - 2008 PSST 0033 - 2008-12-19

7 A complaint was filed with the Public Service Staffing Tribunal (the Tribunal) on January 21, 2008 under paragraph 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA).   [...]  (ii) Pursuant to subsection 30(2) of the PSEA, essential qualifications must be related to the work to be performed.   [...]  Under the new PSEA, managers have significantly more authority and responsibility for human resources management.

Sampert et al. v. Deputy Minister of National Defence et al. - 2008 PSST 0009 - 2008-04-09

2 Complaints were filed with the Public Service Staffing Tribunal (the Tribunal) under paragraph 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss.12, 13 (the PSEA) on January 14, 2007 on the basis that the manager abused her authority in the application of merit.   [...]  46 The Tribunal’s decision in Visca outlines some of the changes to the staffing regime with the coming into force of the PSEA: [34] A key legislative purpose found in the preamble of the PSEA is that managers should have considerable discretion when it comes to staffing matters.   [...]  52 The PSEA gives the deputy head discretion to choose the method of assessing candidates.

Desalliers v. Deputy Head (Department of Citizenship and Immigration) - 2022 FPSLREB 70 - 2022-08-16

[1] Natalie Desalliers (“the complainant”) made a complaint with the Federal Public Sector Labour Relations and Employment Board (“the Board”) under ss. 77(1)(a) and (b) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; “PSEA”).   [...]  [93] Section 77(1)(b) of the PSEA provides the right to make an abuse-of-authority complaint on the ground that the delegated deputy head — in this case, the respondent — chose a non-advertised internal appointment process.   [...]  This choice was possible under the PSEA, supported by a clear rationale. In addition, it was an effective and efficient action within the discretion provided by the PSEA.

Denny v. Deputy Minister of National Defence - 2011 PSST 0033 - 2011-11-03

4 The complainant filed a complaint of abuse of authority in response to each Notice, under s. 77 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA).   [...]  18 Section 77(1)(b) of the PSEA provides that a complaint may be made to the Tribunal that a respondent abused its authority by choosing between an advertised and a non-advertised appointment process.   [...]  32 Section 30(2) of the PSEA requires that a person must meet all the essential qualifications to be appointed.

Henry v. Deputy Head of Service Canada et al. - 2008 PSST 0010 - 2008-05-05

3 Since two separate appointments were made from the established pool of candidates, two different complaints were filed by the complainant under paragraph 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA).   [...]  5 In accordance with subsection 99(3) of the PSEA, the Tribunal decided this complaint without holding an oral hearing.   [...]  61 Moreover, section 47 of the PSEA which deals with informal discussion is not prescriptive. This section reads as follows :

Upcott v. Deputy Minister of Human Resources and Skills Development Canada - 2011 PSST 0002 - 2011-01-13

Complaint of abuse of authority pursuant to sections 77(1)(a) and 77(1)(b) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  10 On December 22, 2009, the complainant filed a complaint with the Public Service Staffing Tribunal (the Tribunal) pursuant to s. 77(1)(a) and (b) of the Public Service Employment Act (the PSEA) alleging abuse of authority.   [...]   of a person in a position to four months or more, is excluded from the application of sections 30 and 77 of the Act. 29 Section 14 of the PSER specifically excludes acting appointments of less than four months from the application of s. 77 of the PSEA, the section which sets out the right to complain to the Tribunal.

Doucette v. Deputy Minister of Veterans Affairs Canada - 2021 FPSLREB 96 - 2021-08-16

In the matter of a complaint made under paragraph 77(1)(a) of the Public Service Employment Act Before: Joanne B. Archibald, a panel of the Federal Public Sector Labour Relations and Employment Board   [...]  [1] Ryan Doucette (“the complainant”) made a complaint with the Federal Public Sector Labour Relations and Employment Board (“the Board”) under s. 77(1)(a) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12 and 13; “the PSEA”) of abuse authority in the appointment of a person (“the appointee”) on an acting basis  [...]  [13] Section 30(2)(a) of the PSEA provides that an appointment is made on the basis of merit when the person appointed meets the essential qualifications, including the official language proficiency.

Drozdowski v. Deputy Head (Department of Public Works and Government Services Canada) - 2016 PSLREB 33 - 2016-04-12

10 The complaint is brought pursuant to s. 77(1)(a) of the PSEA; the complainant alleges that the respondent abused its authority in the application of merit.   [...]  12 The relevant provisions of the PSEA for the purpose of this complaint are the following: 77 (1) When the Commission has made or proposed an appointment in an internal appointment process, a person in the area of recourse referred to in subsection (2) may — in the manner and within the period provided by the Board’s   [...]  Section 80 of the PSEA provides that “in considering whether a complaint under section 77 is substantiated, the Board may interpret and apply the Canadian Human Rights Act” [R.S.C., 1985, c. H-6, “CHRA”].

Gomy v. Deputy Minister of Health - 2019 FPSLREB 84 - 2019-08-29

[9] On March 24, 2016, the complainant made a complaint with the Public Service Labour Relations and Employment Board under s. 77 of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA).   [...]  [12] Section 77(1) of the PSEA states that a person in the area of recourse may make a complaint with the Board that he or she was not appointed or proposed for appointment by reason of an abuse of authority.   [...]  [77] Therefore, the respondent has the discretion to choose a method for evaluating candidates, and this method must allow it to make a merit-based appointment under s. 30(2) of the PSEA.

Earle v. the Deputy Minister of Transport, Infrastructure and Communities - 2012 PSST 0036 - 2012-12-12

8 On April 3, 2011, the complainant filed two complaints of abuse of authority with the Public Service Staffing Tribunal (the Tribunal) under s. 77(1)(a) and (b) of the Public Service Employment Act, S.C. 2003, C. 22, ss. 12 and 13 (the PSEA).   [...]  14 Section 77(1)(a) of the PSEA provides that a person in the area of recourse may make a complaint to the Tribunal that he or she was not appointed or proposed for appointment because the PSC or the deputy head abused its authority in the appointment process.   [...]  16 Although the complainant indicated on his complaint form that he was alleging an abuse of authority in the respondent's choice of process, under s. 77(1)(b) of the PSEA, he made no submissions on this point during the hearing.

Dionne v. Deputy Minister of National Defence et al. - 2008 PSST 0011 - 2008-05-12

In February and August, 2007 Marie Dionne filed three complaints with the Public Service Staffing Tribunal (the Tribunal) pursuant to paragraph 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13(the PSEA).   [...]  44 With respect to the complainant’s contention that the assessment board should have corrected its errors during informal discussion, the respondent submits that the outcome of informal discussion is not a ground for complaint under section 77 of the PSEA. Ms. Lang met with the complainant and provided her with an   [...]  Ms. Lang had extensive experience acting as chairperson under the former PSEA, and had received training on the new PSEA. Ms. Denis had participated as a board member under the former PSEA, and had received training on the new PSEA as an employee.