Marginal note:Grounds of complaint
77. (1) When the Commission has made or proposed an appointment in an internal appointment process, a person in the area of recourse referred to in subsection (2) may — in the manner and within the period provided by the Tribunal’s regulations — make a complaint to the Tribunal that he or she was not appointed or proposed for appointment by reason of
(a) an abuse of authority by the Commission or the deputy head in the exercise of its or his or her authority under subsection 30(2);
(b) an abuse of authority by the Commission in choosing between an advertised and a non-advertised internal appointment process; or
(c) the failure of the Commission to assess the complainant in the official language of his or her choice as required by subsection 37(1).
Marginal note:Area of recourse
(2) For the purposes of subsection (1), a person is in the area of recourse if the person is
(a) an unsuccessful candidate in the area of selection determined under section 34, in the case of an advertised internal appointment process; and
(b) any person in the area of selection determined under section 34, in the case of a non-advertised internal appointment process.
Marginal note:Excluded grounds
(3) The Tribunal may not consider an allegation that fraud occurred in an appointment process or that an appointment or proposed appointment was not free from political influence.
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