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On the Administration reconsidering the contested decisions after the Applicant had filed the applicationOnce an application has been filed before the Tribunal, any new decision taken by management, particularly when based on new or different information, constitutes a separate administrative decision, which should be the subject of new and distinct proceedings if the staff members wishes to contest it. The Tribunal cannot simply consider a new administrative decision, or a reconsideration of a previous decision, as part of an existing case. As noted by this Tribunal in Adundo et al. UNDT/2012/118, the Tribunal cannot adjudicate cases involving decisions of a changing nature (see also Tredici et al. UNDT/2014/114, para. 23).Adverse decisions resulting from a negative assessment of a staff member’s performanceWhere an adverse decision clearly results from a negative assessment of a staff member’s performance, particularly with such drastic consequences, as a matter of fairness, the staff member should be clearly apprised of the concerns and be afforded an opportunity to respond. His or her responses should be taken into account and he or she should be informed of the conclusions reached and be allowed to make representations before the ultimate decision.On the Respondent’s submission that providing the Applicant an opportunity to comment would have made “no difference”It would be wrong in principle for the Tribunal to condone a breach of the right to due process on the basis that, in the Respondent’s view, it made no difference in the end. Procedural propriety and the protection of fundamental rights is a central theme pervading various issuances of the Secretary-General and the General Assembly. Adverse decisions taken as a result or as a consequence of a breach of the fundamental principle of due process cannot be regarded as fair. A breach of the right to due process is both procedurally and substantively unfair.