2010-Ģ��ƵAT-057

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT noted that when the new system was created, Ģ��ƵDT was not given powers to hear a matter already finally decided by the former Administrative Tribunal. Ģ��ƵAT accordingly held that Ģ��ƵDT was correct in finding that it did not have the power to review the decision of the former Administrative Tribunal. Ģ��ƵAT further held that the Appellant exhausted her avenues of appeal and that Ģ��ƵDT correctly found that it had no jurisdiction to hear another appeal. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT judgment: The Applicant challenged the Administration��s violation of her due process rights, alleging harassment against her. She filed an appeal to the JAB and then an application with the former Administrative Tribunal. The former Administrative Tribunal rejected her application. The Applicant later filed a new application before Ģ��ƵDT. Ģ��ƵDT rejected her application, holding that the impugned decision was of judicial nature, as opposed to administrative, and, thus, did not fall within the competence of its jurisdiction.

Legal Principle(s)

Ģ��ƵDT does not have jurisdiction to hear matters previously decided by the former Administrative Tribunal.

Outcome

Appeal dismissed on receivability

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

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