Canada Employment and Immigration Union -
July 15, 2008

Interim Orders and Decisions of the PSST

Larose – CHRC – File 2006-0009
Exchange of information – department refused to disclose some information citing privacy concerns – PSST orders disclosure as s. 16(1) of PSER allows for such disclosure

Macdonald – Service Canada – File 2006-0054
Extension of time limits – complaint was received late – PSST rules its lateness was out of control of complainant – mailed in a reasonable time – extension granted

Sherif – Agriculture – File 2006-0048
Proper notification – no notice of appointment given – following Healey and Bova, PSST ruled that the same principles apply (complaint cannot be late if proper notification not given) to the new PSEA.

Jolin – Service Canada – File 2006-0068
Provision of information – burden of proof on complainant concerning relevance of information to complaint

Wylie – CBSA – File 2006-0029
Acting appointments – each extension subject to requirements of PSEA – PSST claimed authority to look at any process in which abuse of authority may have occurred even if the appointment has ceased

Oddie – DND – File 2006-0066
Provision of information – complainant made case of relevance to complaint

Campbell – DND – File 2006-78
Provision of information – PSST needs to see relevance between information requested and complaint as filed

Aucoin – CBSA – File 1006-0022
Provision of information – PSC standardized test – parameters set out in Gill should apply under new PSEA as well

Smith – Correctional Services – File 2006-0105
Provision of information – issue of relevance – disclosure is not a ‘fishing expedition’

Renkema – Correctional Services – File 2006-0092 & 0122
Provision of information – department wanted to protect criteria as same process being used across the country – PSST ruled information was relevant and both complainant and representative should have access although conditions requested to protect the integrity of the process were reasonable

Visca – Justice – File 2006-0096
Provision of information – criterion for determining relevance

Richardson et al – Environment – Files 2006-0251 to 0256
External process – definition – if non-advertised, person must be outside public service in order for department to claim an external process

Chaves – Correctional Services – File 2006-0102
Jurisdiction – no jurisdiction over appointments made or begun under the old Act

Provision of information – complaint was that the complainant had not been chosen for further acting appointments – information about why others were chosen not relevant to complaint

Jogarajah – Public Health Agency of Canada – File 2007-0013
Motion to dismiss due to alleged violations of s 9 and s 11 of the Regs – dismissed – s. 11 refers to "if known by complainant" – not invalid if not provided AND not known by complainant – complaint not invalid due to defect in form or technicality (such as failing to check a box on the form)

Celidon – Correctional Services – File 2007-0075
Provision of information – complainant responsible for establishing link between request and complaint

Wardlaw 2006-0291 – April 23, 2007
The PSAC brought an application to be an intervenor in this complaint – application granted.

Fenton 2007-0023 – April 23, 2007
Request for provision of information (denied) and an extension of time to submit allegations (allowed).

Akhtar 2007-0058 June 11, 2007
Request for order for provision of information – granted in part (3 of 5 items to be provided) as complainant had established relevance of information to his complaint

Savoie 2006-147 March 26, 2007
Request for information concerning a standardized test – asking for copy of the test and the scoring grid – request denied

Rinn Transport 2006-0258 June 11, 2007

Application to intervene – PSAC is bargaining agent for Tis – issue is one of promotional opportunities – PSST found that, while the PSAC has a substantial interest in the proceedings, it did not establish that its contribution would be helpful beyond what could be provided by the parties – application denied

Benoit et al Service Canada 2006-259 to 275 June 19, 2007

Preliminary objection – complaints filed late – objection dismissed

Hagerty CBSA 2007-151 August 2, 2007

Motion to dismiss as complainant offered a position – PSST stated that right to complain exists against appointments individually and therefore complainant has right to complain against appointments made other than his own – motion dismissed

Cyr IRB 2006-0115 August 23, 2007

Motion to deny new or amended allegations – complainant failed to request right to submit new allegations or amend existing allegations – the request must demonstrate that the changes are based on information that could not have reasonably been obtained before the submission of the original allegations – motion granted

Berglund DND 2007-0174 July 30, 2007

Provision of information – test is relevant to complaint – complainant met test – provision of information ordered

Barker – Health Canada 2006-0240

The complainant filed a complaint against an internal advertised process and requested certain information from the department. The department claimed that the request for an order was untimely and that the information requested was not relevant.

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