2010-Ģ��ƵAT-074

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Ģ��ƵDT��s judgment in Rosca was no longer good law, having been overruled by Ģ��ƵAT in Costa. Ģ��ƵAT held that time limits prescribed for administrative review and management evaluation (in the new system) could not be waived under Article 8(3) of the Ģ��ƵDT Statute, due to a specific prohibition in this respect contained in Article 8(4) of the Ģ��ƵDT Statute, as interpreted by Ģ��ƵDT in Costa and affirmed by Ģ��ƵAT. Ģ��ƵAT held that the application was time-barred and the delay in filing could not be condoned. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to separate her from service. Ģ��ƵDT found the application not to be receivable ratione temporis on the basis that she failed to seek administrative review of the decision within the time limit.

Legal Principle(s)

Time limits prescribed for administrative review (or management evaluation) cannot be waived by Ģ��ƵDT.

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

Trajanovska

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement