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Jayawardena v. Chief Statistician of Canada of Statistics Canada - 2012 PSST 0002 - 2012-02-16

Complaints of abuse of authority pursuant to section 77(1)(a) of the Public Service Employment Act Decision: Complaints are dismissed   [...]  16 The complainants filed their complaints pursuant to s. 77(1)(a) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12, 13 (the PSEA), alleging that they were not appointed by reason of an abuse of authority by the respondent in the application of merit.   [...]  46 Section 30(2) of the PSEA gives managers broad discretion to establish the qualifications for the position they want to staff.

Green v. Deputy Minister of National Defence - 2018 FPSLREB 69 - 2018-08-21

8 On December 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).   [...]  56 Section 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.   [...]  77 More precisely, Mr. Gingras was doing his job when he called the WCB at management’s request.

Fell v. Deputy Head (Correctional Service of Canada) - 2013 PSLRB 2 - 2013-01-07

77 Ms. Chopty testified that she and the grievor finally met face to face about a month after the incident.   [...]  104 Section 61 of the new PSEA provides that employees appointed to a position from outside the public service will be subject to a probationary period.   [...]  In such a case, the termination of employment is not in accordance with the new PSEA. [111] In my view, the change between the former PSEA and the new PSEA, when viewed in the context of the recent jurisprudence of the Supreme Court of Canada on the appropriate approach to public employment, does not significantly alter the

Schwarz v. Deputy Minister of Employment and Social Development - 2021 FPSLREB 92 - 2021-08-10

... 18 Although the term “unsuccessful candidate” is not defined, it is used in s. 77(2)(a) of the PSEA to describe those who have recourse in an internal advertised appointment process.   [...]  [64] The complainant was a candidate in the appointment process and had recourse to file a complaint under s. 77 of the Act as an unsuccessful candidate. [65] The complaint is allowed.   [...]  The respondent abused its authority pursuant to s. 77(1)(a) of the Act. August 10, 2021. Marie-Claire Perrault, a panel of the Federal Public Sector

Dupuis-Beauchesne v. Treasury Board (Canada Border Services Agency) - 2024 FPSLREB 56 - 2024-04-19

I find that the grievor’s rejection on probation was done pursuant to s. 62 of the PSEA and for a legitimate employment-related reason. Therefore, the Board does not have jurisdiction over it.   [...]  [77] The Board does not have jurisdiction to hear a grievance against a termination that resulted from a rejection on probation under the PSEA. The Treasury Board, as the employer, has the right to impose a probation period to determine the suitability of employees new to the federal public service.   [...]   the deputy head’s contrived reliance on the new PSEA or that the rejection on probation was a sham or a camouflage. A termination of employment not based on a bona fide dissatisfaction as to suitability (or for no legitimate “employment-related reason”) would be a contrived reliance on the PSEA, a sham or a camouflage.

Dallaire and Villeneuve v. Canada Revenue Agency - 2015 PSLREB 82 - 2015-10-06

6 Section 58 of the PSEA states the following: 58. (1) Subject to section 59, an employee whose appointment or deployment is for a specified term ceases to be an employee at the expiration of that term, or of any extension made under subsection (2).   [...]  (2) A deputy head may extend a specified term referred to in subsection (1), and such an extension does not constitute an appointment or a deployment or entitle any person to make a complaint under section 77. (3) This section does not apply in respect of appointments made on an acting basis.   [...]  7 However, I note that section 58 of the PSEA does not apply to CRA employees (Canada Revenue Agency Act (S.C. 1999, c. 17, s. 53)).

Boutziouvis v. Financial Transactions and Reports Analysis Centre of Canada - 2010 PSLRB 135 - 2010-12-22

75 The grievor failed to point out paragraphs 29, 30, 31 and 39 in Monette,which show the adjudicator’s use of PSEA criteria in his ruling, even if the PSEA did not apply, and that suggest that the employer invited the “disguised discipline” test despite the different statutory framework of the PCAA.   [...]  77 Adjudicators under the PSLRA have not traditionally awarded legal costs because they lack that authority.   [...]  107 The tests used to assess the bona fides of a termination decision under the PSEA have been extensively canvassed and applied in the case law for three decades.

Denis v. President of the Canada Border Services Agency - 2011 PSST 0004 - 2011-02-04

Complaint of abuse of authority pursuant to section 77(1)(a) of the Public Service Employment Act Decision: The complaint is dismissed   [...]  16 Section 36 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13 (the PSEA), gives the deputy head broad discretion in the choice and use of tools that the deputy head considers to be appropriate to determine whether candidates meet the qualifications referred to in s. 30(2) of the PSEA. However, this   [...]  As the Tribunal stated in Tibbs v. Deputy Minister of National Defence, 2006 PSST 0008, at para. 65, “[i]t is clear from the preamble and the whole scheme of the PSEA that Parliament intended that much more is required than mere errors and omissions to constitute abuse of authority”.

Mutart v. Deputy Head (Department of Public Works and Government Services) - 2013 PSLRB 90 - 2013-08-01

Citing the collective agreement does not avoid section 211 of the Act, which clearly states that the Board has no authority over any termination of employment under the PSEA. section 63 of the PSEA deals with the resignation of an employee from the public service.   [...]  77 Unlike the situation in Sketchley, the employer did not rigidly apply the two-year period specified in the Treasury Board's leave without pay policy.   [...]   the PSEA, once the individual ceases to be an employee. 94 Section 211 of the Act specifically denies me jurisdiction over any termination of employment under the PSEA. Accepting the grievor's resignation and application for medical retirement was a function of the deputy head's authority under section 63 of the PSEA,

Peters v. Treasury Board (Department of Indian Affairs and Northern Development) - 2007 PSLRB 7 - 2007-01-12

… 77 Section 7.5 of the PSEA provides the possibility of real corrective action:   [...]  79 The PSEA provides two other redress options: section 21 for appeals where a person is "… appointed or about to be appointed …" under the PSEA, and section 34 where the subject is a deployment.   [...]  The PSEA is clear in its requirement that an appointment must be based on "… selection according to merit . . . .

Ouimet v. Deputy Head (Department of National Defence) - 2024 FPSLREB 27 - 2024-02-28

In the matter of a complaint of abuse of authority under section 77(1)(b) of the Public Service Employment Act Before: Goretti Fukamusenge, a panel of the Federal Public Sector Labour Relations and Employment Board   [...]  He alleged that the respondent abused its authority under the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA) in an appointment process for a planner-electronic analyst position classified EL-05.   [...]  [49] The main issue in this case is a staffing complaint made under the PSEA. Thus, the union’s support was not required for the adjudication process before the Board.

Lundin v. Canada Customs and Revenue Agency - 2004 PSSRB 167 - 2004-11-23

[11] It was common ground that the Public Service Employment Act (PSEA) does not apply to the CCRA. Mr. Lundin brought Archambault (supra) to my attention.   [...]   reference in subsection 92(3) of the PSSRA to rejection on probation under the PSEA does not apply, as the CCRA is exempt from the PSEA. [98] There is no specific reference to "rejection on probation" in the CCRA Act, as there is under the PSEA. As noted earlier (and as recognized by the employer in its letter of rejection  [...]   from the test set out in decisions involving rejection on probation pursuant to the PSEA. The main difference is that in a rejection on probation under the PSEA, the adjudicator can remain without jurisdiction even if there has been misconduct on the part of the employee that could attract discipline (Penner (supra)).

Hare v. Treasury Board (Department of Indian Affairs and Northern Development) - 2019 FPSLREB 59 - 2019-06-21

[26] The employer maintained that s. 77 of the PSEA is a complete framework for addressing internal appointment processes, including allegations of discrimination under the Canadian Human Rights Act (R.S.C., 1985, c. H-6; CHRA).   [...]  [29] I disagree with the employer’s position that the grievor’s only recourse was filing a grievance against her deployment or a staffing complaint under s. 77 of the PSEA. Such a complaint requires an internal appointment in the area of recourse.   [...]  Under s. 82 of the PSEA, doing so is the PSC’s exclusive jurisdiction. [318] There was no demotion and no failure to accommodate.