Does an employee have to rank with the other employee in order to be appointed to a post?
Canada (Federal), Canada
The following excerpt is from Broughton v. Deputy Minister of Public Works and Government Services et al., 2007 PSST 20 (CanLII):
The PSEA no longer requires the establishment of a rank between candidates and does not require a comparative assessment of candidates in order for a position to be filled. The only requirement of the PSEA is that the person appointed must be qualified for the job as stipulated in paragraph 30(2)(a). Employees do not need to compare their results with those of appointees in order to ascertain whether they had better answers that affected their marks, standing or ranking in the selection process. (...) See also: Portree, supra; Visca v. Deputy Minister of Justice et al., [2006] PSST 0016; and, Robbins v. Deputy Head of Service Canada et al. [2006] PSST 0017.
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