Appeals Court: Referring the assessment to the Employee Affairs Department is an exceptional, not a standard, procedure

Abdul Karim Ahmad: The Court of Appeal annulled the performance appraisal of an employee who had received a “Very Good” rating, following her objection to the assessment, despite having received “Excellent” ratings in previous appraisals. Attorney Hooria Al-Habib appeared before the Court of Appeal, requesting the reversal of the first-instance judgment and the annulment of the disputed performance appraisal, citing procedural violations and formal deficiencies in the appraisal decision.

The court affirmed that referring a performance appraisal to the Employee Affairs Committee is an exceptional procedure, to be resorted to only in specific circumstances, namely when there is a discrepancy between the opinions issued by the immediate supervisor and the next-level supervisor, or when there is no next-level supervisor above the immediate supervisor.

The court emphasized that no legally prescribed procedure may be bypassed, nor may a subsequent procedure be initiated before the preceding one has been fully completed; failure to do so constitutes a violation of the procedures stipulated in Civil Service Council Decision No. (36) of 2006. The court clarified that the decision mandates submitting performance reports to the Employee Affairs Committee in cases where the opinions of the immediate supervisor and the next-level supervisor differ, or where there is no next-level supervisor above the immediate supervisor.

The court further explained that if a performance appraisal decision lacks its date of drafting and date of approval, or the record number and its date of approval by the Employee Affairs Department, it is considered formally deficient, as such details pertain to a substantive procedure prescribed by law.

The court concluded that the formal deficiencies affecting the employee’s appraisal decision warrant its outright annulment, underscoring the importance of adhering to legal procedures and regulatory frameworks when issuing employee performance appraisal decisions.