The Court of Appeal annulled an administrative decision appraising the performance of an employee, together with its consequent effects, and ordered the administrative authority to pay the costs, after re-examining the time limit for the challenge and the substantive basis on which the disputed appraisal rested.
Al-Bidda Law Firm had represented the employee and argued before the court that the case was filed within the statutory time limit, in view of the grievance procedure submitted to the administrative authority and the manner in which the authority dealt with it, which had a direct bearing on determining the starting point for calculating the time limit for resorting to the courts.
the defense explained that a performance appraisal may not rest on general statements or unproven facts, and that the alleged shortcomings or absences attributed to the employee were not supported by sufficient documents or evidence. The defense also set out the employment-related consequences produced by the contested decision, and the harm it would inflict on the client’s professional standing if it were allowed to stand despite lacking a sound factual basis.
The court concluded by overturning the first-instance judgment and ruling anew to annul the performance appraisal decision and its effects. This type of dispute underscores the importance of subjecting administrative decisions affecting a person’s career path to judicial review, both in terms of compliance with time limits and procedures, and in terms of the decision being founded on specific, established reasons capable of verification.
