51³Ô¹Ï

Receivability/administrative decision: Preliminary decisions such as the choice of an appropriate basis for a staff member’s performance appraisal do not have direct legal effects on his/her rights. They can only be reviewed within the context of the assessment of the final decision, that is, the outcome of the staff member’s performance appraisal.Delegation of authority: A delegation of authority should not be guessed at or presumed. It must precede the taking of a decision and is not synonymous with retrospective rubberstamping.Classification of posts/generic job profiles: Section 2.2 of ST...

Irregularities in connection with a process, including alleged delay in reaching a final decision, may only be challenged in the context of an application contesting the conclusion of an entire process. Indeed, this final administrative decision, which concludes the compounded administrative process in administering a staff member’s complaint, is the only challengeable one and absorbs all the previous preliminary steps. The Tribunal noted from the record that the investigation of the Applicant’s FRO’s complaint had been completed and OHR had provided its assessment on the case. It further...