2011-Ģ��ƵAT-170

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Appellant had failed to seek administrative review of the contested decision before launching an appeal with the Joint Appeals Board (JAB). Ģ��ƵAT held that those steps had to have been exhausted before invoking the jurisdiction of Ģ��ƵDT. Ģ��ƵAT held that Ģ��ƵDT erred in considering that the decision of 10 October 2008 was merely a confirmation of an earlier decision. Ģ��ƵAT held that the decision of 10 October 2008 was a new administrative decision for which the Applicant did not seek administrative review. Ģ��ƵAT noted that Ģ��ƵDT has no jurisdiction to waive the requirement of a prior request for administrative review under the former staff rules. Ģ��ƵAT held that Ģ��ƵDT erred in finding the applicable receivable ratione materiae. Ģ��ƵAT dismissed the appeal.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew her contract. Ģ��ƵDT found the application to be receivable but dismissed it.

Legal Principle(s)

Ģ��ƵDT has no jurisdiction to waive the procedural requirement of requesting an administrative review of the contested decision.

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

Kapsou

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement