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Winger v. Deputy Minister of National Defence - 2013 PSST 0009 - 2013-03-21

Complaint of abuse of authority pursuant to section 77(1)(a) of the Public Service Employment Act Decision: Complaints are dismissed   [...]  26 The Tribunal notes that the complainant provided notice to the Canadian Human Rights Commission in accordance with s. 78 of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12,13 (PSEA), to indicate that he intended to raise an issue concerning the indeterminate appointment that involved the interpretation of   [...]  36 According to s. 2(4) of the PSEA, abuse of authority includes personal favouritism, which is to be distinguished from other types of favouritism.

Palmquist v. President of the Canada Border Services Agency - 2020 FPSLREB 6 - 2020-01-22

In the matter of a complaint of abuse of authority - paragraph 77(1)(a) of the Public Service Employment Act Before: Nathalie Daigle, a panel of the Federal Public Sector Labour Relations and Employment Board   [...]  [12] Section 77(1) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; 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 an abuse of authority.   [...]  [77] A reasonable apprehension of bias can constitute an abuse of authority.

Chaves v. Treasury Board (Correctional Service Canada) - 2005 PSLRB 45 - 2005-05-20

4. On June 5, 2003 an Appeal Board struck under the PSEA allowed Mr. Chave’s appeal citing 3 flaws including a lack of information from his supervisor – Mr. Frank Ignazzitto.   [...]  [55] With regard to the employer’s objection to the Board’s jurisdiction to hear this complaint, in respect of the selection board process I agree that it is within the jurisdiction of the PSC, pursuant to the PSEA, to appoint or hear appeals of persons appointed to positions or choose a selection process.   [...]  [77] In conclusion, I find the employer guilty of a violation of section 147 of the CLC, albeit perhaps only by virtue of the fact that the parties erred with regard to establishing the onus of the burden of proof.

Desjardins v. Treasury Board (Department of Foreign Affairs, Trade and Development) - 2024 FPSLREB 109 - 2024-08-13

In addition, medical retirement was never approved by the responsible manager, as set out in s. 63 of the PSEA. [71] The grievances are not prescribed, since the grievor acted when she had access to the information that was central to them.   [...]  [72] She also learned only after the grievances were filed that her manager should have approved her medical retirement under s. 63 of the PSEA. In 2021, she asked questions, and no one from the employer could find the letter approving her medical retirement.   [...]  [77] The length of the delay filing the grievances can be explained by the fact that the grievor did not have access to the information.

Togola v. Treasury Board (Department of Employment and Social Development) - 2014 PSLRB 1 - 2014-01-07

77 Mr. Togola’s counsel referred me to the decisions in Gibson v. Treasury Board (Department of Health), 2008 PSLRB 68, and in Stringer v. Canada (Attorney General), 2013 FC 735.   [...]  I do not have jurisdiction to question or rescind that decision by virtue of the terms of the Act and of the PSEA under normal circumstances. The relevant provisions of the Actand of the PSEAare the following:   [...]  … [from the PSEA] … 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).

Burton v. Treasury Board (Solicitor General Canada - Correctional Service) - 2004 PSSRB 74 - 2004-06-24

The final piece of legislation that has direct bearing on the jurisdiction of the Board is the Public Service Employment Act ("PSEA"). The PSEA establishes the "Public Service Commission". The powers and duties of the Public Service Commission are set out at section 5 of the PSEA which states that the Commission shall   [...]  With regard to the PSEA, Mr. Burton has been properly appointed to his COS position. He was promoted to that position from his previous position as a CO2.   [...]  It is these rules as set out in the PSEA and those regulations that govern. Placing Mr. Burton into this position would cause other persons to acquire rights of appeal under the PSEA and regulations.

Kirlew v. Deputy Head (Correctional Service of Canada) - 2017 FPSLREB 28 - 2017-09-26

93 The deputy head has the authority to terminate the employment of an employee on probation under s. 62 of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA). Section 211 of the Act precludes referring to adjudication a grievance relating to a termination of employment under the PSEA. Consequently, an   [...]  The grievor’s dismissal was done under s. 62(1) of the PSEA, which provides that the deputy head of an organization, including the Correctional Service of Canada, may notify an employee on probation that his or her employment will be terminated at the end of the designated notice period.   [...]  Accordingly, he has not met his burden of showing that the dismissal on probation was done in bad faith or was a contrived reliance on the PSEA. I find that the respondent had valid employment-related reasons to terminate the grievor during his probation period.

Azevedo v. Deputy Head (Correctional Service of Canada) - 2025 FPSLREB 47 - 2025-05-01

Azevedo v. Deputy Head (Correctional Service of Canada), Azevedo c. Administrateur général (Service correctionnel du Canada), 2025 FPSLREB 47, 2025 CRTESPF 47 The complainant made a complaint under ss. 77(1)(a) and (b) of the PSEA, alleging that the respondent abused its authority in the application of merit and its choice

Dyson v. Deputy Head (Department of Fisheries and Oceans) - 2015 PSLREB 58 - 2015-06-26

77 The grievor testified that his family doctor eventually diagnosed him with irritable bowel syndrome, and this was outlined in a medical certificate that was provided to the employer.   [...]  92 An adjudicator addressed the issue of objections to jurisdiction in matters ostensibly under the PSEA in Tello v. Deputy Head (Correctional Service of Canada),2010 PSLRB 134.   [...]   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.

Massabki v. Deputy Head (Department of Foreign Affairs, Trade and Development) - 2022 FPSLREB 79 - 2022-09-26

The complaint is based on ss. 77(1)(a) and (b) of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; “the Act”).   [...]  [77] Section 77(1)(b) of the Act 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 — make a complaint to the Board   [...]  [99] The complaint is also based on s. 77(1)(b) of the Act; it alleges that abuse of authority occurred in the choice of process.

Obreja v. Treasury Board (Department of the Environment) - 2021 FPSLREB 131 - 2021-11-24

[77] Ms. Audet explained that two systems helped surplus employees find employment, the Priority Information Management System (PIMS), which was public-service wide, and the IPCS, which was solely within the department.   [...]  Section 40 of the PSEA provides that as a surplus employee, under the WFA provisions, he benefitted from a priority of appointment over all other employees benefitting from one.   [...]  As per s. 30 of the PSEA, appointments are made based on merit, which includes language proficiency.

Canadian Union of Public Employees, Local 104 v. Treasury Board (Royal Canadian Mounted Police) - 2023 FPSLREB 30 - 2023-03-27

Simply stated, as of the date on which deeming occurs, the employees sworn in as civilian members will be deemed public servants, appointed under the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA). Although fixed deeming dates have been set in the past, they have come and gone, and deeming has yet to   [...]  3) Public service employees appointed under the PSEA who provide corporate and administrative services to the RCMP. [35] When the TB announces pay increases for the RCMP, they are announced as applying to regular members at the superintendent rank and below as well as special constables.   [...]  [77] The complainant argued that an important aspect of the test is that a decision has to have been both made and communicated to employees before the freeze period, referring once more to NPF No. 1 at paras. 79 to 82:

Major v. Deputy Head (Department of Fisheries and Oceans) - 2017 PSLREB 27 - 2017-03-22

77 In October 2009, Mr. Chouinard went to the Grande-Rivière office with a labour relations specialist.   [...]  208 Under s. 51(6)(a) of the PSEA, consent is not required if it is a condition of employment of the employee’s current position.   [...]  209 Paragraph 51(6)(a) of the PSEA reads as follows: 51 (6) No person may be deployed without his or her consent unless