Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Receivability/administrative decision: Preliminary steps such as the choice of a legal basis for a staff member¡¯s performance appraisal or the capacity in which a reporting officer signs off on a performance appraisal 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.
Decision Contested or Judgment/Order Appealed
The Applicant appealed what he described as the decision not to proceed with the rebuttal process in relation to his 2011 performance appraisal. The Ä¢¹½ÊÓÆµDT found that the Applicant in fact challenged the alternative offered to him by the Administration to replace a rebuttal panel member whose recusal had been sought by the Applicant. It considered that that alternative did not constitute a final decision and, having determined that summary judgment was appropriate, rejected the application.
Legal Principle(s)
N/A