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The Tribunal noted that not only is the payment of SPA discretionary, certain conditions must be met before it is considered and granted. One of these conditions is that the applicant’s supervisor submits a statement to indicate that he took up the full functions of a higher-level post and whether he demonstrated an ability to fully meet the performance expectations of all functions of the post. The Tribunal noted that even though OSLA counsel initiated a request for SPA on behalf of the Applicant, his supervisor did not submit the statement as required and showed through emails and other...

The application was withdrawn by the Applicant.

The Tribunal held that the Applicant’s allegations were unsubstantiated and therefore, found no basis to impugn the contested decision. As a result, the application was dismissed in its entirety.

The Tribunal found that the contested decision in this case was clearly not based on direct organisational authority and it concerned an area protected from employer interference, the internal affairs of a Staff Union. It did not produce a sufficiently direct legal consequence to the legal order of the Applicant as a staff member.

The Applicant has no right to the Administration’s blanket acceptance of his account of events, nor to the imposition of sanctions against another staff member without due process. The application is therefore not receivable ratione materiae.