Ä¢¹½ÊÓÆµDT/2020/008, Kerby
The Tribunal rejects the application as not receivable. The Applicant¡¯s request for management evaluation on 13 November 2017 was filed more than 60 days after the notification of the decision on 31 March 2017.
The Tribunal rejects the application as not receivable. The Applicant¡¯s request for management evaluation on 13 November 2017 was filed more than 60 days after the notification of the decision on 31 March 2017.
Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.
The Tribunal found that the contested decision in this case was clearly not based on direct organisational authority and it concerned an area protected from employer interference, the internal affairs of a Staff Union. It did not produce a sufficiently direct legal consequence to the legal order of the Applicant as a staff member.
Receivability: The Applications were found receivable for the following reasons: 1)Staff rule 11.2(a) had been observed because the Applicants had requested management evaluation and received a response on 3 October 2017. 2)Staff rule 11.2(b) was inapplicable because ICSC is not a technical body. 3)Individual administrative decisions, namely, to apply the new post adjustment in relation to each of the Applicants, had been issued and implemented, as demonstrated by their salary slip of August 2017. 4)The transitional allowance was not a prefatory act, but a corollary to the lowering of a pay...
The Tribunal rejects the application as not receivable. The contested decision to place a note on the Applicant¡¯s Official Status File is not an appealable administrative decision as it has no direct legal consequences affecting the terms and conditions of his appointment. The Applicant should have requested a management evaluation within 60 days from the notification of the contested decisions on 5 August 2017, but instead he requested a management evaluation on 3 November 2017, more than 60 days later. Therefore, the application is not receivable as time-barred. The contested decision not to...
The Tribunal held that the facts arose from the Applicant¡¯s former employment relationship with Ä¢¹½ÊÓÆµHCR. Accordingly, the Tribunal found the application to be receivable.
The Tribunal found that the Applicant identified the contested decision as ¡°misconduct allegations¡± made against her. It was clear that the Administration was yet to take a decision whether or not to discipline her. Allegations of misconduct are only a prefatory act, from which no direct consequences stem for the terms of the Applicant¡¯s employment. Accordingly, the application was found not receivable for want of a reviewable administrative decision and it was dismissed.
Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.
Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.
Applying the plain meaning of staff rule 9, it is clear that the Administration bears no obligation to place staff members who hold a fixed-term appointment whose posts are abolished. There is no obligation to place such staff members onto other posts outside of the regular selection process.