How have the courts interpreted the former Public Service Employment Act?
Canada (Federal), Canada
The following excerpt is from Girard v. Canada (Attorney General), 2007 FC 1333 (CanLII):
That opinion, which I share, is supported by the undisputed empirical evidence that in Canada between 74% and 81% of all positions are for a duration of less than five years. There may not be any case law that corresponds exactly to the factual situation of the case at bar, but the precedents interpreting the former Public Service Employment Act (while not necessarily conclusive here) may be useful. In Fixman v. Canada (Attorney General), [1995] F.C.J. No. 360, my colleague Tremblay-Lamer J. considered that a position which was the subject of acting appointments over a period of two years ceased to be acting and that a new position had de facto been created.
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