Advanced Search

Benoit et al. v. Deputy Head of Service Canada et al. - 2007 PSST 0028 - 2007-06-19

In response to the preliminary issue raised by the PSC, the respondent argued that there was no appointment within the meaning of the PSEA. The respondent did not issue a notice of appointment, and the employees were informed only by email.   [...]  3 Under subsection 99(3) of the Public Service Employment Act, S.C. 2003, c. 22, sections 12 and 13 (the PSEA), the Tribunal ruled on the PSC’s request without holding a hearing.   [...]  5 On December 13, 2006, the complainants filed their complaints under section 77 of the PSEA further to this acting assignment to the position of Public Liaison Officer (PM–02) at Service Canada.

Pellicore v. President of the Canada Border Services Agency - 2010 PSST 0023 - 2010-12-16

(the PSEA), alleging abuse of authority in the application of merit. The assessment board   [...]  35 The complainant has presented a complaint under s. 77(1)(a) of the PSEA, which provides that an unsuccessful candidate in an internal appointment process may make a complaint that he or she was not appointed or proposed for appointment by reason of abuse of authority by the deputy head in the exercise of its authority.   [...]  44 The complainant alleges that two of the references, Ms. Guida and Ms. Cuvalo, and the chairperson of the assessment board, Mr. Williams, demonstrated a bias against him, which he claims constitutes an abuse of authority within the meaning of s. 77(1)(a) of the PSEA. 45 A specific test has been developed in cases where

Galenzoski v. Commissioner of the Royal Canadian Mounted Police - 2011 PSST 0032 - 2011-10-21

Complaint of abuse of authority pursuant to sections 77(1)(a) and (b) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  The complainant, Tanya Galenzoski, filed a complaint regarding this appointment under ss. 77(1)(a) and (b) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA) on December 30, 2010.   [...]  Finally, the respondent states that the decision to use a non-advertised appointment process was consistent with the provisions of the PSEA and applicable policies, including the departmental policy on non-advertised appointments.

McKeown v. Chief Statistician of Canada, Statistics Canada - 2010 PSST 0017 - 2010-10-15

Complaint of abuse of authority pursuant to s. 77(1)(a) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  The complainant filed his complaint with the Public Service Staffing Tribunal (the Tribunal) on September 12, 2008 pursuant to section 77(1)(a) of the Public Service Employment Act, S.C. 2003,c. 22, ss. 12, 13 (the PSEA).   [...]  67 The Tribunal must establish whether there has been an abuse of authority within the meaning of section 77(1)(a) of the PSEA. The complainant has the burden to prove, on a balance of probabilities, that there was abuse of authority in the appointment process (Tibbs, at paras. 49 and 55).

Umar-Khitab v. Deputy Minister of Human Resources and Skills Development Canada et al. - 2010 PSST 0005 - 2010-06-22

Complaint of abuse of authority pursuant to paragraph 77(1)(b) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  He alleges that the respondent, the Deputy Minister of Human Resources and Skills Development Canada, abused its authority pursuant to subsection 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13 (the PSEA), in that the manager who conducted the evaluation of the complainant was motivated by bad  [...]  38These complaints were filed under paragraph 77(1)(a) of the PSEA, which refers to the criteria for making an appointment on the basis of merit at subsection 30(2) of the PSEA. These provisions are as follows:

Barry v. Deputy Minister of Foreign Affairs - 2017 FPSLREB 33 - 2017-10-05

On June 16, 2015, the complainant filed a complaint of abuse of authority 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).   [...]  45 Subsection 77(1) of the PSEA provides that a person in the area of recourse may make a complaint to the Board that he or she was not appointed or proposed for appointment because of abuse of authority.   [...]  47 Section 36 of the PSEA grants discretionary power to delegated managers concerning the choice and use of assessment methods.

Rinehart v. Deputy Minister of National Defence - 2014 PSST 8 - 2014-05-20

9 On April 16 and May 8, 2013, the complainant brought complaints of abuse of authority to the Tribunal in relation to all of these appointments, pursuant to s. 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (PSEA).   [...]  11 Section 77(1) of the PSEA provides that a person in the area of recourse may file a complaint with the Tribunal that he or she was not appointed or proposed for appointment because of an abuse of authority.   [...]  77 Ms. Lamoureux testified that she provided advice to the managers and was also a member of the assessment board.

Ostermann v. Deputy Minister of Human Resources and Skills Development Canada - 2012 PSST 0028 - 2012-10-30

10 On October 29, 2010, the complainant brought a complaint of abuse of authority to the Public Service Staffing Tribunal (the Tribunal) pursuant to s. 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13 (PSEA) in relation to Ms. Norman’s appointment.   [...]  12 Section 77(1) 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.   [...]  37 Section 36 of the PSEA gives the assessment board a broad discretion in the choice of assessment methods.

Gilbert v. Commissioner of the Royal Canadian Mounted Police et al. - 2007 PSST 0040 - 2007-10-24

1 On November 1, 2006 Chantal Gilbert filed a complaint 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 and 13 (the PSEA).   [...]  46 The complaint must be dismissed because the complainant has not succeeded in discharging her burden of proof under paragraph 77(1)(a) of the PSEA. C) Public Service Commission’s (the PSC) arguments   [...]  54 The complaint was made pursuant to paragraph 77(1)(a) of the PSEA, which reads as follows: 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 Tribunal’s

Lesage v. Deputy Minister of Transport, Infrastructure and Communities - 2021 FPSLREB 97 - 2021-08-17

[65] Section 77 of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12 and 13; PSEA) states that an unsuccessful candidate in an advertised internal appointment process may make a complaint to the Board that he or she was not appointed or not proposed for appointment because of an abuse of authority.   [...]  [67] The complaint was made under s. 77(1)(a) of the PSEA, which refers to s. 30(2). Those provisions read as follows:   [...]  [77] The respondent argued that all the candidates were assessed using the same assessment tools.

Boivin v. President of the Canada Border Services Agency - 2017 PSLREB 8 - 2017-01-16

He filed complaints under s. 77(1)(a) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA), in which he alleges that the respondent, the president of the CBSA, abused its authority with respect to the application of merit.   [...]  [39] As stated in Jolin v. Deputy Head of Service Canada, 2007 PSST 11 at para. 77, s. 36 of the PSEA provides that the deputy head may use any assessment tool provided it is appropriate to the essential qualifications being assessed.   [...]  [57] Under s. 80 of the PSEA, the Board may interpret and apply the CHRA in its analysis of a complaint of an abuse of authority under s. 77.

Chaston v. Deputy Head (Canada Border Services Agency) - 2024 FPSLREB 96 - 2024-07-18

[1] The complainant, Anthony Chaston, made a complaint to 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, 13; “PSEA”).   [...]  [22] This complaint was made under s. 77(1)(a) of the PSEA. It provides as follows: 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 regulations —  [...]  [29] As set out in s. 30(2) of the PSEA, an appointed person must meet the essential qualifications established for a position.

Charest v. Deputy Minister of Human Resources and Social Development et al. - 2008 PSST 0019 - 2008-07-11

Complaint of abuse of authority pursuant to paragraph 77(1)(a) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  She filed a complaint under paragraph 77(1(a) of the Public Service Employment Act , S.C. 2003, ss.12,13 (the PSEA) on June 5, 2007.   [...]  [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.