Lo v. Canada ( Public Service Commission Appeal Board )
T-317-94
Pinard J.
28/4/95
6 pp.
Application to set aside Public Service Commission Appeal Board (Board) decision competition conforming with merit principle -- Applicant applying for position of Senior Analyst pursuant to closed competition and meeting all but language requirement -- Applicant appealing selection process and discovering successful candidates not awarded degree and specialty stated in each of their résumés-In dismissing appeal, Board accepting fact successful candidates not possessing educational qualifications stated on competition poster but concluding candidates meeting educational qualifications by virtue of certification in jobs pursuant to 1987 conversion-Board exceeding authority by extending conversion to elevate academic qualifications of incumbents of FI-2 positions to meet educational qualifications required for FI-3 and FI-4 positions after 1987 conversion -- Rational link must exist between merit principle and selection standard -- Board under duty to determine whether merit principle observed in candidate selection according to pre-determined criteria, including educational qualifications-Board erring in allowing improper use of selection standard to qualify candidates lacking educational qualifications stated on competition poster to compete -- Board making jurisdictional error in not addressing educational qualification in reasons for decision-Application allowed.