Can a senior civil servant be found to have abused his position by conducting an advertised process rather than a non-advertised process?
Canada (Federal), Canada
The following excerpt is from Charter v. Deputy Minster of National Defence et al., 2007 PSST 48 (CanLII):
The mere choice of conducting an advertised or non-advertised process is not abuse of authority in itself as it is specifically allowed in the PSEA. As the Tribunal held in Robbins v. Deputy Head of Service Canada et al., [2006] PSST 0017:
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