2018-��AT-821

��AT Held or ��DT Pronouncements

��AT held that ��DT did not err in law or in fact in finding that the Appellant��s application was not receivable in that it failed to identify an administrative decision within the meaning of Article 2(1)(a) of the ��DT Statute. ��AT dismissed the appeal and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the findings of the Management Evaluation Unit that addressed her two requests for management evaluation: 1) seeking the removal of her Second Reporting Officer��s and First Reporting Officer��s comments and rating from her 2015/2016 e-PAS; 2) against the Panel report of 24 August 2016 and the procedures followed by the Rebuttal Panel. ��DT dismissed the application as not receivable.

Legal Principle(s)

A statutory burden is placed upon an applicant to establish that the administrative decision in issue was in non-compliance with the terms of his or her appointment or contract of employment. Such a burden cannot be met when the applicant fails to identify an administrative decision capable of being reviewed, that is, a specific decision that has a direct and adverse impact on the applicant's contractual rights.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Haydar

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Tribunal

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Date of Judgement