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Ngueyo v. Deputy Head (Canada School of Public Service) - 2024 FPSLREB 107 - 2024-08-12

[2] The complainant made her complaint to 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).   [...]  [77] First, I will address the complainant’s discrimination allegation with respect to the choice of process.   [...]  The respondent’s choice may be the subject of a complaint under s. 77(1)(b) of the PSEA. [79] The complainant argued that the respondent chose an advertised process to avoid appointing her to the position and to be able to exclude her from the process because she is a Black woman.

Clark v. Deputy Minister of National Defence - 2019 FPSLREB 8 - 2019-01-25

15 On March 18, 2016, the complainant filed the complaint with the Public Service Labour Relations and Employment Board (PSLREB) alleging abuse of authority in the application of merit under s. 77 of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA).   [...]  It also supports another key legislative purpose of the PSEA, establishing new recourse mechanisms on appointment issues before a neutral and independent body.   [...]  62 My jurisdiction to consider and order corrective action is contained as follows in s. 81(1) of the PSEA: 81 (1) If the Board finds a complaint under section 77 to be substantiated, the Tribunal may order the Commission or the deputy to revoke the appointment or not to make the appointment, as the case may be, and to take

Thompson v. President of the Canada Border Services Agency - 2017 PSLREB 22 - 2017-03-07

18 Section 77 of the PSEA provides that an unsuccessful candidate in the area of selection for an internal non-advertised appointment process may file a complaint with the Board that he or she was not appointed or proposed for appointment because of an abuse of authority.   [...]  74 Section 36 of the PSEA confers discretionary authority to delegated managers in the selection and use of assessment methods.   [...]  77 The assessment table said that the appointee had over 18 years’ experience building multi-tier distributed applications and development/maintenance of I.T. solutions.

Raymond v. Chief Statistician of Canada - 2013 PSST 25 - 2013-07-09

13 There is nothing in the PSEA to indicate that a complaint of abuse of authority under s. 65(1) should be interpreted differently from a complaint filed under s. 77.   [...]  In many decisions regarding complaints filed under s. 77, including Tibbs v. Deputy Minister of National Defence, 2006 PSST 0008, at paras. 56 to 74, the Tribunal examined what constitutes abuse of authority under the PSEA and gave it a broad meaning that includes serious errors even if there is no bad faith or intent.   [...]  17 Sections 64 and 65 of the PSEA are relevant to the complaint in this case. Section 64(2) of the PSEA applies.

Zhao v. Deputy Minister of Citzenship and Immigration et al. - 2008 PSST 0030 - 2008-11-07

Complaint of abuse of authority pursuant to paragraph 77(1) of the Public Service Employment Act Decision: The complaint is dismissed   [...]  24 The respondent submits that, pursuant to subsection 30(2) of the PSEA, the deputy head has the power to establish essential qualifications; and, section 36 of the PSEA provides the deputy head with the authority to use any assessment method it considers appropriate.   [...]  34 In Visca, at para. 44, the Tribunal discusses the considerable change brought about by the PSEA, permitting a move away from numerically rating and ranking candidates.

Hughes v. the Deputy Minister of Human Resources and Skills Development Canada - 2013 PSST 0020 - 2013-06-06

7 A series of Notifications of Appointment or Proposal of Appointment were issued and after receiving them the complainant filed 26 complaints of abuse of authority pursuant to s. 77(1) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (PSEA).   [...]  13 Section 77(1) of the PSEA states that a person in the area of recourse may make a complaint that he or she was not appointed or proposed for appointment by reason of an abuse of authority by the PSC or the deputy head in the appointment process.   [...]  14 The complainant bears the burden of proving allegations of abuse of authority in complaints made under s. 77 of the PSEA. See Tibbs v. Deputy Minister of National Defence, 2006 PSST 0008, at paras. 49, 50 and 55.

Neil v. Deputy Minister of Environment Canada et al. - 2008 PSST 0004 - 2008-02-05

Complaints of abuse of authority pursuant to paragraph 77(1)(a) of the Public Service Employment Act Decision: Complaints are dismissed   [...]  1 Ross Neil has filed two complaints under section 77 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA) alleging that he was not appointed to a Policy Analyst position with either the Strategic Integration Division or the Sustainability Division of the Department of Environment in Vancouver, BC   [...]  37 The respondent submits that the PSEA clearly sets out that the deputy head has the authority to establish qualifications for positions.

Chuey v. Commissioner of the Correctional Service of Canada - 2021 FPSLREB 58 - 2021-05-27

[31] Section 77(1)(b) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA) provides a right of recourse as follows when the choice of appointment process is at issue:   [...]  [33] Section 33 of the PSEA provides that “[i]n making an appointment, the Commission may use an advertised or non-advertised appointment process.”   [...]  [34] The PSEA assigns no priority between a non-advertised and an advertised appointment process, and there is considerable discretion in making the choice.

Nadeau v. Deputy Minister of Employment and Social Development - 2019 FPSLREB 9 - 2019-01-30

3 On April 4, 2017, the complainant filed a complaint under s. 77(1)(a) of the Public Service Employment Act (S.C. 2003, c. 22, s. 12, 13; PSEA), in which she alleged that the respondent, ESDC’s deputy minister, abused its authority in the application of merit by refusing to provide appropriate accommodation at the   [...]  67 Section 77 of the PSEA states that an unsuccessful candidate in the area of selection for an advertised internal appointment process may make a complaint to the Board that he or she was not appointed or proposed for appointment by reason of an abuse of authority.   [...]  ... 72 Furthermore, under s. 80 of the PSEA,the Board may interpret and apply the CHRA when analyzing an abuse-of-authority complaint under s. 77 of the PSEA.

He v. President of the Canadian International Development Agency - 2011 PSST 0040 - 2011-12-13

Complaint of abuse of authority pursuant to section 77(1)(a) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  When notified, he filed a complaint of abuse of authority under s. 77 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA) with the Public Service Staffing Tribunal (the Tribunal).   [...]  16 For the reasons that follow, the Tribunal has determined that the complainant has not established abuse of authority within the meaning of s. 77(1)(a) of the PSEA. 17 The allegation of abuse of authority is a serious one.

Agboton v. President of the Public Service Commission - 2010 PSST 0013 - 2010-08-17

of Appointment or Proposal of Appointment for this appointment process was posted on July 23, 2008, and on July 25, 2008 the complainant filed a complaint with the Public Service Staffing Tribunal (the Tribunal) pursuant to section 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13 (the PSEA).   [...]  101As indicated in the preamble to the PSEA, Parliament gives public service managers the flexibility necessary to staff.   [...]  105Section 2(4) of the PSEA explicitly states, lest there be any doubt, that abuse of authority includes bad faith.

Payne v. Deputy Minister of National Defence - 2013 PSST 0015 - 2013-05-23

On September 13, 2011, both complainants filed complaints of abuse of authority under s. 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12,13 (PSEA).   [...]  56 The PSEA provides assessment boards with broad flexibility in the assessment of candidates.   [...]  Sections 30(2) and 31 of the PSEA provide the deputy head with the authority to establish qualifications.

Haller v. Deputy Head (Department of National Defence) - 2022 FPSLREB 100 - 2022-12-07

The delegated manager properly exercised his discretion, and the appointment was conducted in a fair and transparent manner, pursuant to the PSEA. [48] Section 33 of the PSEA grants deputy heads discretion in the choice of the appointment process.   [...]  [77] The delegated manager’s testimony about the complainant and his qualifications was clear and consistent.   [...]  Although informal discussions are strongly encouraged, the PSEA does not make them mandatory; see s. 47 of the PSEA. Accordingly, the complainant was not deprived of a right to an informal discussion; nor was the staffing value of accessibility breached in this case.