2010-Ģ��ƵAT-071

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Appellant failed to explain how Ģ��ƵDT exceeded or failed to exercise its jurisdiction or competence, erred on a question of law or procedure, or erred on a question of fact, resulting in a manifestly unreasonable decision. Ģ��ƵAT recalled that the Ģ��ƵDT Statute precluded Ģ��ƵDT from suspending or waiving the deadlines for management evaluation. Ģ��ƵAT held that Ģ��ƵDT was therefore correct in concluding that the application was not receivable and to reject it on that basis. Ģ��ƵAT dismissed the appeal and upheld the Ģ��ƵDT Judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to terminate her appointment as part of a drawdown plan. Ģ��ƵDT rejected her application as not receivable on grounds that the Applicant had failed to submit in a timely manner her request for a management evaluation of the administrative decision to terminate her appointment.

Legal Principle(s)

Ģ��ƵDT cannot suspend or waive the deadlines for management evaluation.

Outcome

Appeal dismissed on merits

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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.

Applicants/Appellants

Kovacevic

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement