Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

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.