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Legal Obligations/Applicable rules: Rules affecting jurisdiction and remedies are not procedural but substantive in nature. A person cannot be entitled to remedies or be subject to penalties that come into force after the event in question. Protected activity: The criteria for determining whether a person has properly reported misconduct or engaged in a protected activity are not mere matters of procedure. A report of misconduct is the protected activity which is the very foundation of a claim for protection without which a claim cannot be considered. Retroactive application: As a matter of...

Performance Evaluation: The career management system is a system that required mutuality and cooperation from both the supervisor and a staff member. The processing of the Applicant’s PAR was unlawful. It was completed in haste and in hindsight once a decision not to renew her contract was made. The finalisation of the PAR without any input from the Applicant was a serious breach of her right due process. The PAR had not been completed either at the time of the contested decision or the expiry of the Applicant’s FTA and the Administration proceeded with its decision not to renew the Applicant...