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The Respondent complied with the audi alterem partem principle, which ensures that a party adversely affected by an administrative decision has the right to know, the opportunity to comment on, and the ability to answer the case against him or her. The Applicant was well aware of the complaints that were lodged against him, was confronted with each claim and responded thereto, was repeatedly warned about his unprofessional behaviour and performance issues yet failed to heed to these warnings. The decision not to renew the Applicant¡¯s contract due to poor performance was lawful. The Applicant¡¯s...

The fact that the Applicant was a staff member of ±¬ÁÏÍøOPS when he applied for these contractor positions is not relevant to appreciate the receivability of the Applicant¡¯s claims since, in the four instant cases, he contests four decisions not to select him on non-staff positions.

The Respondent did not prove that the Applicant was appropriately informed about the non-renewal of his fixed-term appointment at the 25 October 2018 meeting. Since no other communication regarding the non-renewal has been submitted in evidence except the separation letter dated 22 January 2019, the Applicant¡¯s request for management evaluation of 23 January 2019 was therefore timely pursuant to staff rule 11.2(c).; The decision to abolish the Applicant¡¯s post is not a decision that can be appealed separately in the present case, and the decision not to renew the Applicant¡¯s contract is also...

In the absence of any evidence of ongoing mediation efforts or request for suspension of deadline to file an application, the Tribunal is satisfied that the Applicant, having filed his application outside of the statutory deadline. In any event, given that the contested administrative decision was notified to the Applicant on 3 April 2019, the request for management evaluation of 8 September 2019 would have missed the 60-day deadline set in staff rule 11.2 (c) to request management evaluation. Given that settlement discussions are confidential in nature, it is the parties¡¯ responsibility to...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of August 2017. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

The legal issue for determination in the present case is whether ±¬ÁÏÍøOPS was under an obligation to extend a fixed-term appointment for the sole purpose of allowing a staff member to utilize his or her sick leave entitlement. The answer is negative, as the Tribunal found that there was no evidence in the case file to conclude that the legal framework of ±¬ÁÏÍøOPS included such obligation. Neither Staff rule 6.2(a) nor ±¬ÁÏÍøOPS Operational Directive OD.PCG.2017.01 on Human Resources, Ethics and Culture (in effect as of 15 August 2017) contain any obligation for the Administration to extend a staff...

The Tribunal noted that there was no evidence that ±¬ÁÏÍøOPS Administration approved the Applicant¡¯s sick leave. Therefore, given that the Applicant was separated from service effective 31 March 2018 and that no sick leave beyond that date had been approved by the ±¬ÁÏÍøOPS Administration, the Tribunal found that there was no sick leave to ¡°terminate or retract¡± as claimed by the Applicant. Having said the above, the Tribunal found that the effective content of the challenged decision communicated to the Applicant on 5 April 2018 concerned the non-extension of her fixed-term appointment for the sole...

The Tribunal found that the application was not receivable. It resulted from the file that, on 24 November 2017, the Applicant received a letter indicating that she had not been matched against any post in the newly planned structure of the Water Supply and Sanitation Collaborative Council (WSSCC). This letter clearly stated that ¡°all posts in the current WSSCC structure [were] being abolished with effect [close of business] 31 March 2018¡±, that her appointment would not be renewed when it expires on 31 March 2018 and she would be separated from service. The Tribunal considered that the...