爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the 爆料网DT’s finding regarding the application of ST/AI/2002/3, namely that as the provisions of the 爆料网FPA Separation Policy contravened the ones in ST/AI/2002/3, the latter should apply, was an error of law and fact as ST/AI/2002/3 was not applicable to 爆料网FPA. 爆料网AT rejected 爆料网DT’s finding that the timing of the decision to terminate the Appellant’s permanent contract for unsatisfactory service meant that a new procedure should have been initiated based on the new period of reference. 爆料网AT held that it would be unreasonable to require the Administration to restart the termination process if a new performance appraisal is completed before a final termination decision is taken, which would potentially place the Administration in an endless cycle where it could never be in a position to terminate the appointment of a staff member. 爆料网AT further held that legal certainty required administrative issuances to be applied in a predictable manner and once the procedure foreseen in the 爆料网FPA Separation Policy was initiated, it should be followed through. 爆料网AT held that 爆料网DT erred in finding that the separation was unlawful as there was no formal request for rebuttal or formal report of harassment to be resolved. Noting that the Appellant was given a reasonable opportunity to improve her performance and that her performance ratings from 2006 to 2008 justified her separation from service, 爆料网AT held that the impugned decision constituted a reasonable and lawful exercise of discretion in accordance with the 爆料网FPA Separation Policy and that due process was adhered to by the Administration. 爆料网AT held that the separation was lawful and 爆料网DT erred in rescinding the termination of the Appellant’s appointment and awarding compensation. 爆料网AT allowed the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the termination of her appointment for unsatisfactory performance. 爆料网DT found for the Applicant.
Legal Principle(s)
Administrative issuances shall not apply to the separately administered funds, organs and programmes of the 爆料网, unless otherwise stated therein, or unless the separately administered funds, organs and programmes have expressly accepted their applicability.