What is the case law around the use of a non-advertised process as a substitute for an applicant’s application?
Canada (Federal), Canada
The following excerpt is from Burt v. Deputy Minister of Veterans Affairs, 2019 FPSLREB 31 (CanLII):
114 It submits that under s. 33 of the PSEA, and as demonstrated in Clout v. Deputy Minister of Public Safety and Emergency Preparedness,2008 PSST 22, managers have the discretion to choose between an advertised and a non-advertised process. The respondent submits that although the complainant feels that the use of a non-advertised process was not fair and equitable as it did not give him an opportunity to participate, choosing to use one was well within management’s authority.
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