Can a non-advertised appointment process prevent an abuse of authority?
Canada (Federal), Canada
The following excerpt is from Kilbray and Wersch v. Deputy Head of Service Canada et al., 2007 PSST 49 (CanLII):
Thus, the complainants cannot allege there is abuse of authority simply because a non-advertised appointment process was chosen. They have to prove that the decision itself to choose a non-advertised process constitutes an abuse of authority. See also Robbins v. the Deputy Head of Service Canada et al., [2006] PSST 0017.
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