爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was unable to detect any fault in the 爆料网DT’s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. 爆料网AT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant’s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. 爆料网AT held that the application was receivable ratione materiae and that the impugned decision was unlawful. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested negative narrative comments in his performance appraisal report. 爆料网DT found that the Application was receivable and that the comments constituted an administrative decision as they detracted from his favourable overall rating and had direct adverse legal consequences for the Applicant. 爆料网DT concluded that the performance appraisal was unlawful and ordered it to be amended.
Legal Principle(s)
An appealable administrative decision is a decision whereby its key characteristic is the capacity to produce direct legal consequences affecting a staff member’s terms and conditions of appointment.