Auger

Parties/Partis: Her Majesty the Queen in Right of Canada Represented by the Attorney General of Canada v. Guy St-Hilaire and Public Service Commission of Canada and Marc Auger and Gilles Noreau and Jean Beaudoin.

Court # Cour: A-824-82

Date of Judgement / Date du jugement: October 18, 1983.

LOUIS PRATTE, J.:

The application is allowed, the subject decision is set aside and the matter referred back to the appeal board to be again decided by it on the basis this time that

(a) the result of a competition is not vitiated by the fact that the successful candidate acquired his special skills as a consequence of special treatment by the employer, which made it possible for him to acquire specialized experience before the competition; and

(b) it is not the function of the selection board to formulate the requirements of the vacant position, but to interpret those requirements as formulated by the deputy head or some other person acting on his behalf; and

(c) where the competition is repeated following a decision allowing an appeal pursuant to s 21 of the Public Service Employment Act, the new selection board is not bound by the interpretation given to the position requirements at the first competition.

LOUIS PRATTE, J.F.C.C.