UNDT/2025/048, Zainab El-Sibaii
UNAT Held or UNDT Pronouncements
The Tribunal observed that unlike the Applicant’s First Reporting Officer’s (“FRO”) comments which were entirely consistent with the ePAS rating of “Successfully Meets Expectations”, the comments of the Applicant’s Second Reporting Officer (“SRO”) seriously undercut and detract from the overall appraisal rating." The Tribunal further noted that after the initial sentence recognizing that the Applicant “consistently performed her tasks and duties effectively” and commending her “ambition and dedication in her role, the SRO added seven sentences which were completely negative about the Applicant. Even the positive traits initially mentioned were turned against the Applicant.
In view of the above, the Tribunal:
a. Determined that the performance evaluation in Applicant’s ePAS for the 2023-2024 evaluation cycle was receivable;
b. Determined that the performance evaluation in Applicant’s ePAS for the 2023-2024 evaluation cycle was unlawful; and
c. Rescinded the Applicant’s 2023-2024 performance appraisal as set forth in her ePAS in order to provide management an opportunity to revise it in an appropriate manner.
Decision Contested or Judgment/Order Appealed
The Applicant filed an application challenging what she described as “comments on 2023-24 ePAS which detract from the overall rating”.
Legal Principle(s)
Pursuant to the settled jurisprudence, comments in a staff member’s ePAS that detract from a satisfactory performance appraisal carry direct legal consequences and constitute a reviewable administrative decision.
Outcome
Outcome Extra Text
Based on the evidence on record, the Tribunal:
a. Determined that the performance evaluation in Applicant’s ePAS for the 2023-2024 evaluation cycle was receivable.
b. Determined that the performance evaluation in Applicant’s ePAS for the 2023-2024 evaluation cycle was unlawful; and
c. Rescinded the Applicant’s 2023-2024 performance appraisal as set forth in her ePAS in order to provide management an opportunity to revise it in an appropriate manner.