Buttau v. Canada ( Treasury Board )
T-1611-94
Tremblay-Lamer J.
11/5/95
6 pp.
Application for judicial review of Act, s. 21 Appeal Board decision dismissing appeals against appointment without competition -- Issue whether Appeal Board erring in concluding merit principle adhered to in staffing action -- Incumbent of ENG-04 position first assigned on temporary basis to position formerly classified as ENG-03 -- Department developing Statement of Qualifications with respect to ENG-04 position, incumbent found to be qualified and appointed without competition -- Appeal Board identifying irregularities in appellant's assessment, but nevertheless finding incumbent best qualified candidate based on assessment of abilities and personal suitability qualifications -- Positive findings of flaws with respect to appellant's assessment in (1) knowledge qualification; and (2) abilities and personal suitability qualification -- While irregularities solely in knowledge assessment may not change results of assessment and contravene merit principle, irregularities concerning appellant's abilities stripping Appeal Board finding of factual foundation with respect to relative strengths of candidates -- Lack of evidence upon which Selection Board could adequately assess appellant rendering Appeal Board validation of selection process impossible -- Fact incumbent performing "very well" in assignment and fact counsel concentrating majority of energies and arguments to attacking process and Board's credibility rather than incumbent's qualifications totally irrelevant to issue of candidate's relative merit -- Application allowed -- Public Service Employment Act, R.S.C., 1985, c. P-33, s. 2 (as am. by S.C. 1992, c. 54, ss. 2, 31).