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The Applicant was placed on special leave with full pay and not separated at the time of the judgment. Therefore, the appeal of the termination decision has not yet produced direct legal consequences to the Applicant¡¯s terms of employment and is therefore note receivable. The Applicant did not submit the implied decision not to find him a suitable post for management evaluation, therefore this implied decision is not receivable. The Administration considered the Applicant for a post he applied for along with other candidates in violation of the obligation to consider his suitability on a...

The Administration¡¯s decision to redeploy the Applicant to Nairobi was subject to the condition that he be medically cleared. This condition has not been met to date, and consequently, the decision has not been implemented. Therefore, none of the challenged administrative decisions have yielded any direct legal consequences in the Applicant¡¯s terms of appointment, which remain unchanged. The applications are therefore non-receivable ratione materiae. The Applicant appealed this administrative decision before the Tribunal before MEU¡¯s deadline to respond to his request for management evaluation...

The Tribunal found that the application insofar as it related to a 26 September 2019 email was not receivable ratione materiae because that decision was not final. It did not produce a direct legal impact on the Applicant¡¯s legal status or have a legal effect on his terms of appointment or contract of employment. The applicable legal decision was a Circular dated 18 October 2019. That Circular confirmed to the Applicant that he had not been selected for any of the posts he had applied for in 2019. The Tribunal found the application irreceivable in relation to three decisions contested by the...

The Tribunal found that the Applicant had filed the application without awaiting a response to his request for management evaluation. In view of this, the Tribunal found the application not receivable and dismissed it.

The email identified by the Applicant as the contested administrative decision does not constitute a fresh decision but a mere restatement of a previous email. It therefore cannot be considered to produce consequences on the legal order and is therefore not a challengeable administrative decision. The Applicant failed to contest the assignment of her current functions when notified to her. Therefore, the Applicant would be barred from contesting at this point that such assignment was in non-compliance with her contractual rights or conditions of employment.

The Tribunal found that whereas Ä¢¹½ÊÓƵSOS had called upon the Applicant to comply with the court order under the sanction of deductions, in fact, there were no deductions decided or effected. Ä¢¹½ÊÓƵSOS¡¯s actions were only prefatory. The Tribunal, therefore, held that the application was not receivable for want of a reviewable administrative decision. The application was dismissed.

The impugned decision did not produce any direct legal consequence on the Applicant¡¯s terms of appointment or his contract of employment since he had an FTA which did not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of length of service. The Tribunal held that the Applicant¡¯s assertion that he had a legitimate expectation of a two-year contract renewal as was usually the case ran counter to the clear and consistent jurisprudence of the Appeals Tribunal that the renewal of the appointment of a staff member on successive contracts did not, in and of itself...

The impugned decision did not produce any direct legal consequence on the Applicant¡¯s terms of appointment or his contract of employment since he had an FTA which did not carry any expectancy, legal or otherwise, of renewal or conversion, irrespective of length of service. The Tribunal held that the Applicant¡¯s assertion that he had a legitimate expectation of a two-year contract renewal as was usually the case ran counter to the clear and consistent jurisprudence of the Appeals Tribunal that the renewal of the appointment of a staff member on successive contracts did not, in and of itself...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...

Receivability The Applications were found receivable for the following reasons: 1) Staff rule 11.2(a) had been observed because the Applicants requested management evaluation timeously. 2) Individual administrative decisions, namely, to apply the new post adjustment in relation to the Applicants, had been issued and implemented, as demonstrated by their salary slips of February 2018. 3) The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay component. 4) The Tribunal rejected the claim that discretion is a criterion for receivability. Merits The ICSC¡¯s...