IRB loses bid to stop staffing investigations

The Immigration and Refugee Board (IRB) has failed to persuade a Federal Court judge that a Public Service Commission (PSC) investigation into staffing practices should be halted. A 2009 audit by the PSC found that only 38% of appointments met the requirements of merit and guiding values and, in view of these findings, launched investigations into 13 appointments.

The PSC completed the first investigation in June 2010 and concluded that the appointee did not meet all of the essential qualifications for the job. The IRB appealed to the Federal Court to overturn the investigator’s report and also sought an injunction aimed at preventing the remaining 12 investigations from going forward. In its recent decision, the Federal Court turned down the IRB’s bid for the injunction.

The IRB took the following position in support of its claim that it would suffer irreparable harm if the investigations proceeded:

[23] The IRB argues that it will suffer two different forms of irreparable harm if the stay is not granted.  Firstly, it says that it will suffer reputational harm, including a loss of public confidence in the IRB as an institution.  Secondly, it says that it will not be able to recover compensation for the resources that have been and will be expended in relation to the PSC investigations, in the event that it is ultimately successful on its application for judicial review.

In rejecting the IRB’s position, the judge noted “Insofar as the potential damage to the reputation of the IRB itself is concerned, it is important to note that the positions in issue are staff positions. There is no suggestion that any of the individuals whose appointments are under investigation by the PSC make decisions with respect to the merits of any of the cases before the IRB.” She also pointed out that in view of the media coverage of the PSC investigations “…to the extent that harm may be caused to the reputation of the IRB as a consequence of the PSC’s investigation of its staffing practices, it appears that the harm has already been done.” The case was dismissed.

In a media release following the PSC audit, National President Jeannette Meunier-McKay stated “That sucking sound is the efficiency and credibility of the IRB being dragged down by the failure of management to preserve the staffing integrity of a beleaguered but nonetheless essential government body,”. With the Federal Court throwing out the latest IRB maneuver, she renewed her call for the PSC to take direct responsibility for staffing at the IRB. “Our members at the IRB and the Canadian public deserve to have jobs filled by the most meritorious candidates,” she said, “the PSC must step in.”