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Blair v. Deputy Head (Department of Public Works and Government Services) - 2024 FPSLREB 142 - 2024-10-17

[3] On December 24, 2020, the complainant made this 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, 13; “the PSEA”).   [...]  [92] Under section 80 of the PSEA, the Board may interpret and apply the CHRA when considering whether a complaint under s. 77 is substantiated.   [...]  [155] Section 81 of the PSEA specifies the remedial authority of the Board when a complaint is upheld.

Regy v. Deputy Minister of Public Works and Government Services - 2021 FPSLREB 17 - 2021-02-22

[8] The PSEA provides certain hiring priorities, particularly for people who served in the CAF and left for medical reasons.   [...]  Section 31(1) of the PSEA gives the respondent the authority to establish qualification standards.   [...]  [34] Section 31(1) of the PSEA allows the employer to determine the necessary experience as a qualification standard, based on “... the nature of the work to be performed ...”.

Powell v. Deputy Minister of Human Resources and Skills Development Canada et al. - 2009 PSST 0027 - 2009-09-16

Complaint of abuse of authority pursuant to paragraph 77(1) of the Public Service Employment Act Decision: The complaint is dismissed   [...]  2The complaint was filed with respect to appointment process 2007-CSD-IA-ONT-SC-21 under section 77(1) of the Public Service Employment Act, S.C. 2003, c.22, ss.12 and 13 (the PSEA).   [...]  The complaint is brought against the deputy head for abuse of authority, not against the PSC. The respondent states that the deputy head has the authority to establish qualifications pursuant to subsection 30(2) of the PSEA. Section 36 of the PSEA gives the deputy head broad discretion to determine the appropriate

Suà rez v. Deputy Minister of Human Resources and Social Development Canada et al. - 2007 PSST 0008 - 2007-03-12

Decision: The Tribunal found that there is no indication in the PSEA or the PSST Regulations that filing before the wrong forum interrupts the time limits before the Tribunal.   [...]  1 The complainant, Mr. Gerardo Suàrez, filed a complaint on January 19, 2007 under subsection 77(1) of the Public Service Employment Act, S.C. 2003, c. 22, ss.12, 13 (the PSEA) to the Public Service Staffing Tribunal (the Tribunal) regarding a non-advertised acting appointment (2006–SCD–ACIN–NHQ–22068).   [...]  18 It is not disputed that the proper forum for the complaint is before the Tribunal under subsection 88(2) of the PSEA. The Tribunal’s main jurisdiction to hear and determine complaints is found in the PSEA and the PSST Regulations.

Obreja v. Deputy Minister of the Environment - 2014 PSST 11 - 2014-07-02

17 On April 8, 2013, the complainant filed two complaints under s. 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA) in relation to these appointments.   [...]  20 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 by reason of an abuse of authority by the Commission or the deputy head in the exercise of their respective authorities under s. 30(2) of the PSEA.   [...]  77 Candidates were to indicate the heightor range, including units of measure, of a given wind maximum.

Haynes v. Treasury Board (Canada Border Services Agency) - 2013 PSLRB 85 - 2013-07-23

9 The employer argued that the exclusive authority over staffing rests with the Public Service Commission (PSC) pursuant to section 29 of the PSEA. The PSC delegates that authority to the deputy heads in the core public administration, not the Treasury Board.   [...]  14 The grievor pointed out that the employer was unable to cite any provision of the Act or the PSEA that barred the grievor from challenging discrimination on the basis of family status.   [...]  However, the issue in the present case is not to give recourse to the grievor to fill the gap left by the PSEA and the PSER. Rather, it is to give her recourse to examine her allegations of discrimination and of a violation of the collective agreement.

Edwards v. Deputy Minister of Indian and Northern Affairs Canada - 2011 PSST 0010 - 2011-02-22

Complaint of abuse of authority pursuant to section 77(1)(a) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  22 On October 8, 2009, the complainant filed 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 (the PSEA).   [...]  29 Under s. 36 of the PSEA, the deputy head may use any assessment method that he or she considers appropriate in an appointment process.

Elazzouzi v. Deputy Minister of Human Resources and Skills Development Canada - 2011 PSST 0011 - 2011-03-31

Complaint of abuse of authority pursuant to section 77(1)(a) of the Public Service Employment Act Decision: Two complaints are dismissed   [...]  9 Section 36 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13 (the PSEA), gives a deputy head discretion to select and use the tools that it considers appropriate for assessing whether candidates meet the qualifications established pursuant to s. 30(2) of the PSEA. However, this discretion is not   [...]  54 The relevant provisions regarding corrective action can be found in ss. 80, 81, and 82 of the PSEA. They read as follows: 80. In considering whether a complaint under section 77 is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal

Pelletier et al. v. Treasury Board (Department of Human Resources and Skills Development) - 2011 PSLRB 117 - 2011-10-20

Pursuant to subsection 15(1) of the PSEA, the Commission can authorize a Deputy Head to exercise the Commission’s power to appoint.   [...]  However, the Commission has the power to rescind or revoke such authorization (subsection 15(2) PSEA). In addition, the Commission has to [sic] authority to conduct investigations and audits on any matters within its jurisdiction (section 17 of the PSEA).   [...]  14. In accordance with section 77 of the PSEA, following an appointment or proposition for appointment in an internal process, an unsuccessful candidate (such as the grievors) can make a complaint to the Public Service Staffing Tribunal (PSST).

Healey v. Chairperson of the Parole Board of Canada - 2014 PSST 14 - 2014-08-26

10 On April 3, 2013, the complainants filed a complaint with the Tribunal under s. 77 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA).   [...]  13 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.   [...]  14 The complainant has the burden to prove, on a balance of probabilities, that there was an abuse of authority in relation to a complaint under s. 77 of the PSEA. See Tibbs at paras. 49 to 55. Issue I: Was the appointment process biased against the complainants and in favour of the appointees?

Public Service Alliance of Canada v. Treasury Board (Immigration and Refugee Board) - 2017 FPSLREB 5 - 2017-07-10

The employer argued that the PSEA is a complete code for dealing with staffing matters and therefore the adjudicator lacked jurisdiction to hear the grievance.   [...]  In that case, the respondent said that a complaint of systemic discrimination, by its nature, could not be the subject of a complaint of abuse of authority under s. 77 of the PSEA. Such a complaint must be personal to the complainant. It was noted that the PSST had already held as much in Visca v. Deputy Minister of   [...]  The respondent in Murray was the IRB’s chairperson, as mandated by ss. 15 and 77(1)(a) of the PSEA. The respondent in this case is the employer, the Treasury Board.

Rochon v. the Deputy Minister of Human Resources and Skills Development Canada - 2012 PSST 0018 - 2012-07-13

Complaint of abuse of authority pursuant to section 77(1)(b) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  The complainant, Kristian Rochon, filed a complaint regarding this appointment under s. 77(1)(b) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12,13 (the PSEA) on August 1, 2011.   [...]  3 The respondent replies that the choice to use a non-advertised appointment process was made in accordance with the PSEA and departmental policy governing the choice of appointment process.

Wardlaw v. President of the Public Service Human Resources Management Agency of Canada et al. - 2007 PSST 0017 - 2007-04-23

5 The complainant provided notice to the Canadian Human Rights Commission (the CHRC) as required under section 78 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA) and section 20 of the PSST Regulations where a complaint raises an issue involving the interpretation or application of the Canadian   [...]  Under section 79 of the PSEA, which stipulates who has the right to be heard in a complaint brought under section 77 of the PSEA, the President of PSHRMAC is the respondent in this case and the PSAC does not have a right to be heard.   [...]  This, in turn, would result in a less expeditious hearing, contrary to the requirement of subsection 98(1) of the PSEA. 30 Subsection 19(5) of the PSST Regulations specifies that the Tribunal may issue directions regarding the role of the intervenor, including any matter relating to the procedure to be followed by the