The Egyptian Center for Economic and Social Rights (ECESR) acquired an important ruling in a lawsuit filed at the State Council’s Administrative Court on behalf of Ahmed Mostafa Qotb, the sports specialist at Helwan University’s Youth Support Office. The lawsuit was filed against the University President in his capacity to challenge an efficiency report issued for the employee assessing him to be good instead of excellent.
Lawsuit number 56978 of the year judicial year 66 dates back to 30 April 2012 when the employee was notified of his efficiency report for 2011. The report was not fair and did not express the efforts the employee exerted in his field since he joined the university in 2001.
The ruling proves the administrative authority was mistaken in assessing the efficiency of the employee, which constitutes a violation of the Law of Civil Servants in the Public Sector number 47 of 1978 in effect at the time and its executive regulations. The court recommended canceling the 2011 efficiency report because the State Council obliges the administrative authority to send efficiency reports to the committee of Employee Relations for review and reporting, so that that efficiency reports must be signed by the head of the committee.
ECESR highly values the ruling that will benefit many civil servants, especially after the latest amendment to the Law of Civil Service that depends mainly on efficient reports regarding promotions and bonuses. The new law also allows firing an employee whose efficiency report is assessed as weak. This may mean that efficient report can cause harm to many civil servants.