2020-UNAT-1044, Handy
UNAT considered an appeal by the Secretary-General. UNAT held that it was unable to detect any fault in the UNDT’s conclusion that the negative narrative comments and the performance appraisal itself constituted a reviewable administrative decision. UNAT held that the negative narrative comments detracted from the overall satisfactory performance appraisal of the Appellant and had present and direct legal consequences for the Appellant’s terms of appointment, thus the comments and the performance appraisal constituted a final administrative decision. UNAT held that the application was receivable ratione materiae and that the impugned decision was unlawful. UNAT dismissed the appeal and affirmed the UNDT judgment.
The Applicant contested negative narrative comments in his performance appraisal report. UNDT found that the Application was receivable and that the comments constituted an administrative decision as they detracted from his favourable overall rating and had direct adverse legal consequences for the Applicant. UNDT concluded that the performance appraisal was unlawful and ordered it to be amended.
An appealable administrative decision is a decision whereby its key characteristic is the capacity to produce direct legal consequences affecting a staff member’s terms and conditions of appointment.