蘑菇视频AT Held or 蘑菇视频DT Pronouncements
蘑菇视频AT held that 蘑菇视频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 蘑菇视频DT Statute. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频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. 蘑菇视频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.