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rocedurally flawed because the ASG/OCSS failed to give the Applicant an opportunity to respond to the concerns raised in the HCC Note and to comment on any perceived concerns regarding his performance. It was also unclear from the written decisions what specific conclusions the ASG/OCSS had reached about the Applicant’s responsibility for the issues raised in the HCC Note. In addition, the Tribunal was not convinced that the contested decisions would have been justified notwithstanding the breaches of due process and procedure.

The Tribunal rescinded the contested decisions and awarded USD50,000 in non-pecuniary damages.