¹ú²úAV

Legitimate expectation: While a legitimate expectation can be created by an express promise on the part of the Organization, the Tribunal held that a promise can also be implied from the particular circumstances of a case or from what is held out to an individual. The Tribunal concluded that the Applicant did not have a legitimate expectation of renewal. Performance appraisal: When a staff member is given a rating indicating that he/she meets most expectations but that there is room for improvement, there is an implicit undertaking by the Administration that the staff member will be allowed to continue in his/her employment and that he/she should take steps with the assistance of management as provided by the rules to improve. Improvement rests primarily with the staff member but the rules also require that the appropriate supervisor offers support or guidance to that staff member. The Tribunal concluded that all elementary rules of fairness in regard to performance and improvement were simply ignored by the Respondent leaving the overall impression that the main aim of management was to hurriedly get rid of the Applicant.