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Rosenthal v. President of Federal Economic Development Agency for Southern Ontario - 2012 PSST 0022 - 2012-08-28

Complaints of abuse of authority pursuant to section 77(1)(a) of the Public Service Employment Act Decision: Complaints are dismissed   [...]  1 Martin Rosenthal, the complainant, filed two complaints of abuse of authority under s. 77 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12,13 (PSEA).   [...]  There is no definition of “similar” in either the PSEA or the Public Service Employment Regulations (SOR/2005-334), and it is uncontested that the CR-04 position is classified lower than the AS-02 position.

Jolin v. the Deputy Head of Service Canada et al. - 2006 PSST 0006 - 2006-09-11

1 On July 13, 2006, Chantal Jolin filed a complaint under section 77(1) of the Public Service Employment Act (PSEA) with the Public Service Staffing Tribunal (the Tribunal) following two indeterminate appointments made on or around July 10, 2006 at Service Canada through an advertised process (No. 2006-REH-IA-NHQ-33004).   [...]  13 According to section 36 of the PSEA, it is clear that the right to decide on the method for assessing candidates falls to the Public Service Commission (PSC), or to the Deputy Head when the PSC’s powers and functions are delegated, which is the case here   [...]  Although the complainant argues that it is impossible for her to determine whether the choice and use of tools affected her adversely, the PSEA expressly provides that the Commission or the Deputy Head has authority regarding the choice and use of tools.

Abi-Mansour v. Deputy Minister of Justice - 2021 FPSLREB 16 - 2021-02-19

In the matter of a complaint of abuse of authority - paragraph 77(1)(a) of the Public Service Employment Act Before: Nancy Rosenberg, a panel of the Federal Public Sector Labour Relations and Employment Board   [...]  He made complaints pursuant to s. 77(1)(a) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA) with respect to two appointments that were made under that appointment process.   [...]  [77] There was no proof of discrimination in the evidence, just a bare assertion.

Schmid v. Commissioner of Correctional Service of Canada - 2012 PSST 0030 - 2012-11-06

Complaints of abuse of authority under sections 77(1)(a) and (b) of the Public Service Employment Act Decision: Complaints are dismissed   [...]  These complaints were brought under ss. 77(1)(a) and (b) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12,13 (the PSEA).   [...]  3 The respondent denies that an abuse of authority occurred, and indicates that they complied with the PSEA and departmental policy in the choice of a non-advertised appointment process.

Stewart v. Deputy Head (Royal Canadian Mounted Police) - 2023 FPSLREB 26 - 2023-03-15

Stewart v. Deputy Head (Royal Canadian Mounted Police), Stewart c. Administrateur général (Gendarmerie royale du Canada), 2023 FPSLREB 26, 2023 CRTESPF 26, 771‐02‐42180 The complainant made a complaint against the respondent under ss. 77(1)(a) and (b) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA  [...]  In the matter of a complaint of abuse of authority pursuant to paragraphs 77(1)(a) and (b) of the Public Service Employment Act Before: Edith Bramwell, a panel of the Federal Public Sector Labour Relations and Employment Board   [...]  [1] The complainant, Serge Stewart, made a 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”).

Lopez v. Commissioner of Correctional Services of Canada et al. - 2010 PSST 0004 - 2010-06-14

Complaint of abuse of authority pursuant to paragraph 77(1)(b) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  6The complainant filed her complaint with the Public Service Staffing Tribunal (the Tribunal) on December 17, 2008 pursuant to paragraph 77(1)(b) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA).   [...]  52Paragraph 30(2)(a) of the PSEA provides that a person may be appointed provided the Commission or its delegate is satisfied that he or she meets the essential qualifications for the work to be performed.

Public Service Alliance of Canada v. Treasury Board - 2010 PSLRB 88 - 2010-08-19

Based on national statistics, it has been determined that approximately 77% of CSOs’ time is required to enable citizens to submit completed applications and documentation required to apply or continue EI, OAS and CPP benefits.   [...]  22 To illustrate the application of the principle, the applicant cited the limits that were placed on the exercise of discretion under the former Public Service Employment Act, (“the former PSEA”) R.S.C., 1985, c. P-33. Prior to amendments made in 1993, the former PSEA granted the Public Service Commission (PSC) broad   [...]  78 The respondent disputed the aptness of the applicant’s analogy to the former PSEA. It stated that, unlike the Act, the former PSEA made available to the parties a recourse process for reviewing the exercise of discretionary authority.

McConnell v. Deputy Minister of National Defence et al. - 2009 PSST 0018 - 2009-06-25

1The complainant, Candice McConnell, filed a complaint before the Public Service Staffing Tribunal (the Tribunal) under section 77 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA) alleging the respondent, the Deputy Minister of National Defence, abused its authority in the application of merit.   [...]  A similar provision is found in section 104 of the PSEA: 104. Members of the Tribunal, persons employed by the Tribunal and persons retained under subsection 95(2) are not competent or compellable to appear as a witness in any civil proceedings respecting information obtained in the discharge of their functions.   [...]  21As such, a Tribunal employee is not compellable under section 104 of the PSEA to provide evidence to support the complainant’s position. The Tribunal places no weight on any statements the complainant asserts were made by a Tribunal employee.

Tello v. Deputy Head (Correctional Service of Canada) - 2010 PSLRB 134 - 2010-12-21

new PSEA"), enacted by sections 12 and 13 of the Public Service Modernization Act, S.C. 2003, c. 22, does not refer to “rejection on probation”, this expression from the Public Service Employment Act (“the former PSEA), R.S.C., 1985, c. P-33, was used when terminating the grievor pursuant to section 62 of the new PSEA.   [...]  A. Jurisdiction and changes to the new PSEA 96 Until the former PSEA was abrogated in 2005, the provision for rejection on probation in that Act read as follows:   [...]  In 2005, that provision of the former PSEA for probationary employees was abrogated and replaced by the following provision of the new PSEA:

Kot v. Deputy Head (Royal Canadian Mounted Police) - 2020 FPSLREB 29 - 2020-03-23

Parliament has decided that a person who is laid off under subsection 64(1) of the PSEA ceases to be an employee.... B. Was the grievor on probation under s. 61(1) of the PSEA?   [...]  Section 61(1) of the PSEA makes it clear that a person appointed from outside the public service is on probation:   [...]  [208] I note that paragraph 61(1) (a) of the PSEA clearly provides for the probation period to be established by regulations.

Purchase v. President of the Atlantic Canada Opportunities Agency - 2011 PSST 0014 - 2011-05-11

Complaint of abuse of authority pursuant to section 77(1)(a) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  4 A Notification of Appointment or Proposal of Appointment for Ms. Fraser was issued on October 27, 2009 and the complainant filed his complaint of abuse of authority with the Public Service Staffing Tribunal (Tribunal) under s. 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13 (the PSEA) on   [...]  Pursuant to s. 30(2) of the PSEA, managers have broad discretion to establish the qualifications for the position they want to staff.

Brennan v. Deputy Minister of National Defence - 2014 PSST 6 - 2014-04-14

77(1)(a) of the Public Service Employment Act Decision: Complaint is dismissed   [...]  12 On January 15, 2013, the complainant filed his complaint of abuse of authority with the Tribunal under s. 77 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12,13 (PSEA).   [...]  23 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.

Public Service Alliance of Canada and Hubley et al. v. Parks Canada Agency and Halifax Citadel Regimental Association - 2009 PSLRB 176 - 2009-12-16

is a separate agency listed in Schedule V of the FAA. Under the PSEA, the PSC has the exclusive authority to make appointments to or from within the public service unless another Act of Parliament grants that authority to some other body (see the definition of “employee” in section 2 and also see section 29 of the PSEA).   [...]  The PSAC says that the PSEA contained certain formalities of appointment, which distinguishes Econosult from applying to the PCA. That is a red herring.   [...]  Whether or not the PSEA as it read at the time contained formalities of appointment had no bearing on the outcome of Econosult.