11 Oct 2023

Mario Ghafari v. Attorney General of Canada

Firms involved

Not specified, Department of Justice Canada

Applicant

MARIO GHAFARI
Law Firm
Not specified

Respondent

ATTORNEY GENERAL OF CANADA (STATISTICS CANADA)
Law Firm
Department of Justice Canada
Lawyer(s)

Marc Séguin

Véronique Newman

  • Mario Ghafari applied for judicial review of a decision by the Federal Public Service Labour Relations and Employment Board (Board) from September 12, 2022. This decision dismissed his complaint alleging abuse of authority in an internal job appointment process.
  • Ghafari had applied for a senior methodologist role at Statistics Canada (MA-04 classification).
  • The appointment process involved screening candidates based on the public service performance assessment (PSPA) and a "track record" detailing how they met six essential competencies. Directors validated these track records.
  • Ghafari's director, Mr. Dolson, did not validate Ghafari's qualifications for any of the six competencies. Dolson communicated with two of Ghafari's section chiefs but not his direct supervisor.
  • After rejection, Ghafari received feedback from Mr. Matthews of the selection panel. Matthews had Ghafari's track record reviewed by Mr. Laniel, an assistant director, who found Ghafari met two of the six competencies.
  • Ghafari complained to the Board under section 77 of the Public Service Employment Act, highlighting: Alleged bias by Dolson based on past interactions.
  • Issues with his initial PSPA, which he believed disadvantaged him.
  • Dolson's failure to consult with Ghafari's direct supervisors.
  • Dolson's inaccurate assessment.
  • The Board dismissed Ghafari's complaint, noting he hadn't proven bias or other abuse of authority.
  • Ghafari sought judicial review, emphasizing breaches of procedural fairness and an alleged oversight of significant evidence by the Board.

Court

Federal Court of Appeal

Case Number

A-216-22

Practice Area

Labour & Employment Law

Amount

Winner

Respondent

Trial Start Date

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