Summary
Every annual appraisal entry had to be communicated within a reasonable time, including entries not labelled adverse. The insurer could not restrict the declaratory rule in Dev Dutt and Sukhdev Singh to its implementation from 2013–2014. An uncommunicated B grading relevant to the employee’s 2014–2015 promotion exercise furnished a legitimate grievance. Disclosure, a representation and a fresh decision on any consequential change in promotion were directed.
Issues
- Whether the insurer could withhold earlier appraisal entries because it implemented disclosure only from 2013–2014.
- What relief followed where an uncommunicated grading could affect a completed promotion exercise.
Held
- The duty to communicate every entry followed binding, declaratory Supreme Court law independently of administrative implementation dates; it was not confined to adverse or below-benchmark entries. (¶ 8–9)
- The B grading for 2011–2012, compared with A gradings for the next two relevant years, could materially affect promotion. Non-communication therefore supported a legitimate grievance. (¶ 10–13)
- As the exercise was complete and the employee had since been promoted, the proper course was to decide his representation fairly at a sufficiently senior level and then consider whether the earlier promotion decision required modification. (¶ 14–15)
Result
Appeals allowed and High Court orders set aside. Insurer to disclose relevant uncommunicated entries within one month of certified-copy receipt; employee allowed two months to represent; representation to be decided within three months of receipt by a sufficiently senior authority, followed by a decision on any warranted modification of the 2014–2015 promotion outcome. No costs.