Wilkinson

Parties/Partis: James Wilkinson v. Public Service Commission Appeal Board

Court # Cour: A-490-84

Judgment/Jugement Date: 1984-11-29

Reasons of the Court delivered by HUGESSEN J.:

We are all of the view that a "lateral transfer" made in order to fill a vacancy in a position in the Public Service is an "appointment" within the meaning of the Public Service Employment Act. In consequence, the appeal board established under section 21 of that Act, having found that the present applicant was an unsuccessful candidate in a closed competition held to fill such vacancy, erred in law in finding that there was no right of appeal under that section.

The section 28 application will therefore be allowed, the decision set aside, and the matter referred back to the appeal board for reconsideration on a basis not inconsistent with these reasons.

James K. Hugessen J.