Maurice Wright

The appellant was excluded from a closed competition in the Public Service because his maximum rate of pay was below the prescribed minimum.

He appealed, arguing that restricting eligibility based on a minimum salary level without regard to the occupational nature of the position was invalid under section 13 of the Public Service Employment Act.

The Supreme Court of Canada agreed with the dissenting judge in the Federal Court of Appeal, holding that the Commission adopted an unauthorized criterion for restricting eligibility.

The appeal was allowed and the decisions of the lower court and the Appeal Board were set aside.

The appellant appealed a judgment of the Federal Court of Appeal that dismissed an application to review and set aside a decision of the Public Service Appeal Board.

The Board had allowed an appeal against the proposed appointment of the appellant to a position in the Public Service without affording him the opportunity to be heard.

The Supreme Court of Canada allowed the appeal, set aside the decisions below, and referred the matter back to the Board for a new hearing, directing that the appellant be given notice and an opportunity to be heard.