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Watchman v. Treasury Board (Department of Veterans Affairs) - 2019 FPSLREB 28 - 2019-03-05

Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA). In Evans v. Deputy Minister of Indian Affairs and Northern Development, 2007 PSST 4, the Public Service Staffing Tribunal (the PSST) determined that a complainant’s right to file a complaint under the PSEA was subject to the preliminary condition that the   [...]  77 Mr. Watchman had no standing to have his grievance adjudicated, and it should be dismissed.   [...]  Laid-off person ... is a person who has been laid off pursuant to subsection 64(1) of the Public Service Employment Act(PSEA) and who still retains an appointment priority under subsection 41(4) and section 64 of the PSEA.

Bergeron v. Canadian Security Intelligence Service - 2014 PSLRB 81 - 2014-09-09

In Canada (Attorney General) v. Penner, [1989] 3 F.C. 429 (F.C.A), a case involving the jurisdiction of the Board to hear a grievance of a probationary employee terminated for cause under section 28 of the PSEA. Marceau J.A. stated at page 438: Other adjudicators have adopted quite a different attitude and accepted that   [...]  77 After the January 2005 evaluation, the employer conducted a special evaluation in April 2005.

Hill v. Treasury Board (Correctional Service of Canada) - 2020 FPSLREB 61 - 2020-05-28

Then, he would be entitled, for two years, to a non-advertised appointment, subject to the provisions of the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA) and in priority to all other persons, to a position in the public service for which, in the opinion of the Public Service Commission, he was   [...]  [77] He was asked for the understanding with respect to the undertaking not to commence any further administrative action related to any matter connected or related in any way to the grievance.

Zhou v. National Research Council of Canada - 2008 PSLRB 51 - 2008-07-08

77 The employer’s counsel highlighted the main facts of this grievance.   [...]  The evidence has established that Mr. Monteiro's employment ended in accordance with the provisions of his term employment contract and section 25 of the PSEA. I consider that the Federal Court of Appeal decisions in Dansereau v. National Film Board, [1979] 1 F.C. 100, and Eskasoni School Board/Eskasoni Band Council v.

Herbert v. Deputy Head (Parole Board of Canada) - 2018 FPSLREB 76 - 2018-09-11

15 There is no evidence that at the time he was offered and then appointed to the SPA position, the grievor accepted the position under duress; nor was there any evidence that he filed a grievance or complaint under the Public Service Employment Act (R.S.C. 2003, c. 22, ss. 12, 13; “the PSEA”). 16 The CSP group did   [...]  He alleged that the assignment was disguised discipline and that it violated article 17 of the collective agreement, the TBS Guide, and the PSEA. 310 The employer objected to my jurisdiction to hear this grievance.   [...]  While both facts may be true, there is no evidence that he filed any complaint under the PSEA over the appointment process for the policy analyst position, and he willingly accepted the SPA position.

Gill v. Treasury Board (Department of Human Resources and Skills Development) - 2009 PSLRB 19 - 2009-02-11

54 Mr. Lajoie also referred to the Treasury Board’s Personnel Security Standard (Exhibit E-16), which states: “… Security assessments and reliability checks are conditions of employment under the Public Service Employment Act (PSEA).” He testified that in the public service the minimum level is basic, but at the HRDC it is   [...]  77 In conclusion, Ms. Arsenault stated that an ICO without an ERS is incapacitated from performing his or her duties.

O’Leary v. Treasury Board (Department of Indian Affairs and Northern Development) - 2007 PSLRB 10 - 2007-01-18

77 Ms. Hodder indicated that it was an expectation of his position that Mr. O’Leary would sit on all selection committees.   [...]  84 As requests for staffing came to her attention, Ms. Leal would discuss them with the HR advisor from the relevant department and would monitor compliance with the Public Service Employment Act (PSEA)regulations and policies. She would also provide advice and direction to departments on most staffing matters.   [...]  Once a request would be made by the grievor on the automated system to staff a position, Ms. Leal would review this information and discuss with the grievor anything that did not fit into the PSEA or its regulations, Treasury Board directives or PSC policies. Eventually, when all was correct, she, with the grievor, would

Lyons v. Deputy Head (Correctional Service of Canada) - 2022 FPSLREB 95 - 2022-11-21

[77] Similar to the evidence before me, Mr. Francis showed a continuing deterioration in his health years after he was forced to cease his employment (see paragraph 24).   [...]   may (with some exceptions, such as terminations under s. 12(1)(f) of the Financial Administration Act (R.S.C., 1985, c. F-11; “FAA”), along with rejections on probation under s. 62 of the PSEA) be terminated only for cause (see s. 12(3) of the FAA) and would otherwise have no expectation of being terminated without cause.

Bergey v. Treasury Board (Royal Canadian Mounted Police) and Deputy Head (Royal Canadian Mounted Police) - 2013 PSLRB 80 - 2013-07-19

77 Ms. Bailey testified that she knew nothing about the grievor’s allegation until she was questioned by Supt.   [...]   matters, such as terminations of employment for incapacity or incompetence under section 31 of the former Public Service Employment Act, R.S.C. 1985, c. 33 (PSEA), could be reviewed by employment tribunals. He also referred to the Federal Court decision in Singh v. Canada (Attorney General), 2001 FCT 577, as holding   [...]  However, the grievor submitted that a careful review of legislative history shows that the limitation on my jurisdiction to review those decisions on the merits was rooted in section 31 of the former PSEA, and that that “line-setting” section was repealed in 1993. Counsel argued that the case law of the Board and the