蘑菇视频DT noted that the Applicant indicated in his application that he was informed of the contested decision on 1 October 2019 and that he did not request management evaluation of said decision, as required. 蘑菇视频DT accordingly held that the application was not receivable and dismissed it.
Receivability As it was not until January 2019 that the Applicant requested management evaluation of the 2017 decision to transfer her to a new position, the requirements for receivability of this aspect of her application were not met. Her request for management evaluation was too late. There is logic to the Applicant’s explanation, that it was not until the time of the subsequent non-renewal decision that she realised the extent to which the prior transfer had left her vulnerable to termination. However, that of itself does not justify that the strict provisions as to timelines are not...
Pursuant to art. 9 of the Tribunal’s Rules of Procedure and to established jurisprudence, the Tribunal can choose to issue a summary judgment without taking any argument or evidence from the parties as the Tribunal’s Statute prevents it from receiving a case that is not receivable. Likewise, art. 19 provides that it may issue any order or direction that is appropriate for the fair and expeditious disposal of the case. In addition, such provision allows the Tribunal to deal with issues of receivability as a preliminary matter in the interest of judicial economy. Therefore, the Tribunal can...
