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Baker v. Deputy Minister of Public Works and Government Services Canada - 2013 PSST 0011 - 2013-03-26

Complaint of abuse of authority pursuant to section 77(1)(a) of the Public Service Employment Act Decision: The complaint is dismissed   [...]  The complainant makes his allegations pursuant to s. 77(1)(a) and (b) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13 (the PSEA).   [...]  31 Section 97 of the PSEA states that the Tribunal may provide mediation in order to resolve a complaint.

Bazinet v. Deputy Minister of Employment and Social Development - 2021 FPSLREB 82 - 2021-07-14

[1] On March 9, 2017, Julie Bazinet (“the complainant”) made a complaint under s. 77(1) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12 and 13; PSEA), alleging that the Deputy Minister of Employment and Social Development (“the respondent”) abused its authority within the meaning of s. 77(1)(a) of the PSEA in  [...]  [44] The complaint referred to s. 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 Board’s regulations —   [...]  [77] I will limit myself to declaring that the respondent abused its authority when it assessed the complainant with respect to the “Values and Ethics” competency.

Chouinard v. Deputy Head (Department of National Defence) - 2010 PSLRB 133 - 2010-12-20

Section 58 of the PSEA states that an employee appointed for a specified term ceases to be an employee when the term expires.   [...]  28 This grievance is governed by the following two statutes: the PSEA and the PSLRA. The PSEA sets out the PSC’s authority to appoint as follows:   [...]  Section 58 of the PSEA is clear: an employee appointed for a specified term ceases to be an employee at the expiration of that term.

Laviolette v. Commissioner of the Correctional Service of Canada - 2015 PSLREB 6 - 2015-01-12

Complaint of abuse of authority under section 77(1)(a) of the Public Service Employment Act REASONS FOR DECISION Decision:   [...]  12On December 23, 2013, the complainant filed a complaint of abuse of authority with the Tribunal under section 77(1)(a) of the PSEA. Issue Did the respondent abuse its authority when assessing the complainant's personal qualifications?   [...]  13Section 77(1) of the PSEA states 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 by reason of an abuse of authority.As indicated in Tibbs v. Deputy Minister of National Defence, 2006 PSST 8, at para 66, ". . . abuse of authority requires

Campbell v. Deputy Minister of Transport Canada - 2010 PSST 0014 - 2010-09-24

He was not appointed and subsequently filed a complaint of abuse of authority pursuant to s. 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13 (the PSEA).   [...]  49This complaint was filed under s. 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 regulations   [...]  (...) 50Section 30(2) of the PSEA defines a merit-based appointment and reads as follows: 30. (...)

National Police Federation v. Treasury Board (Royal Canadian Mounted Police) - 2020 FPSLREB 102 - 2020-11-19

are appointed under the PSEA under the PSC’s exclusive authority, as provided in s. 29 of the PSEA, not under the RCMP Act. A term and condition of employment that eliminates the possibility of appointing a public service employee to a position would prevent appointing that employee under the PSEA. The term and condition   [...]  The PSEA exclusively governs matters related to appointing public service employees.   [...]  The PSEA governs, among other things, matters related to appointing public service employees.

Snelgrove v. Deputy Minister of Fisheries and Oceans - 2013 PSST 35 - 2013-12-16

77(1)(a) of the Public Service Employment Act Decision: The complaint is substantiated   [...]  9 On February 19, 2013, the complainant brought a complaint of abuse of authority to the Tribunal pursuant to s. 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (PSEA).   [...]  22 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.

Larivière et al. v. Deputy Minister, Health Canada et al. - 2007 PSST 0019 - 2007-04-30

1 On March 5, 2007, the complainants, Micheline Larivière, France Marcouiller and Céline McDuff, requested an extension of time to file complaints with the Public Service Staffing Tribunal (the Tribunal) pursuant to section 77 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13 (the PSEA).   [...]  14 The respondent also argues that ignorance of the PSEA or mistakes cannot be accepted to justify an extension of time. 15 The respondent therefore asks the Tribunal to dismiss the complaint for lack of jurisdiction, since the complaints were filed after the time limit prescribed by the PSST Regulations.   [...]  20 The notification of proposed appointment, which was sent to the complainants, clearly indicates that the PSEA grants the right to file a complaint with the Tribunal. The information required for filing a complaint was also provided to the complainants.

Vani v. Chief Statistician of Canada et al. - 2008 PSST 0029 - 2008-11-06

Complaints of abuse of authority pursuant to paragraph 77(1)(a) of the Public Service Employment Act Decision: Complaints are dismissed   [...]  50 Subsection 30(2) of the PSEA reads, in part, as follows: 30. (2) An appointment is based on merit when   [...]  51 It is clear from a reading of subsection 30(2) of the PSEA that official language proficiency constitutes an essential qualification to be established by the deputy head.

Smith v. Deputy Minister of National Defence - 2018 FPSLREB 19 - 2018-03-15

In the matter of complaints of abuse of authority - paragraph 77(1)(a) of the Public Service Employment Act Before: Marie-Claire Perrault, a panel of the Federal Public Sector Labour Relations and Employment Board   [...]  He brings his complaints under s. 77(1)(a) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA), which reads as follows:   [...]  ... 77 The Canadian Council of Technicians and Technologists (CCTT) states on its website that it is responsible for accrediting the programs that train technicians and technologists in Canada (see “About Us”).

Saunders v. Deputy Minister of National Defence - 2014 PSST 13 - 2014-08-04

[19] Although the above jurisprudence relates to complaints regarding appointments made under s. 77(1) of the PSEA, complaints of abuse of authority under s. 65(1) of the PSEA are not interpreted differently.   [...]  [56] According to s. 65(7) of the PSEA, in order to determine whether a complaint is founded under s. 65, the Tribunal can interpret and apply the CHRA.   [...]  [77] There is no evidence, however, that MWO Aldrich was disturbed or annoyed by the complainant’s requests or complaints regarding her VRT, nor any other evidence that would in any way support the complainant’s assertion.

Professional Institute of the Public Service of Canada v. Canadian Food Inspection Agency - 2024 FPSLREB 70 - 2024-05-23

[99] The rate of pay for an employee when appointed to a position is set out at s. 60 of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; “PSEA”). The old PSEA was repealed and replaced with this identically titled statute in 2005.   [...]  By contrast, the current PSEA does not have the “[s]ubject to” language, meaning that the rule is absolute.   [...]  The old PSEA permitted a pay rate (i.e. a “personal classification”) when the employer issued a direction to that effect.

Abi-Mansour v. the Deputy Minister of Aboriginal Affairs and Northern Development Canada - 2013 PSST 6 - 2013-03-06

Complaint of abuse of authority pursuant to section 77(1)(a) of the Public Service Employment Act Decision: Complaints are dismissed   [...]  11 The complainant filed two 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).   [...]  12 The complainant notified the Canadian Human Rights Commission (CHRC), pursuant to s. 78 of the PSEA, that his complaints raised an issue involving the interpretation or application of the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (CHRA).