2012-Ģ��ƵAT-279

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵRWA DT had correctly dismissed the application as not receivable for being time-barred. Ģ��ƵAT held that Ģ��ƵRWA DT had correctly found the application not receivable ratione materiae since the Appellant had not contested an administrative decision and had erroneously filed his appeal with the International Joint Appeals Board. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to deny him the payment of interest at eight per cent for the 20-month delay in the payment of his retirement benefit. Ģ��ƵRWA DT found that the application was not receivable ratione materiae since there was no administrative decision that the Applicant could appeal. Ģ��ƵRWA DT found that the International Staff Joint Appeals Board had no jurisdiction over his application because it related to his employment relationship with Ģ��ƵRWA as a staff member. Ģ��ƵRWA DT found that the application was also not receivable because it was time-barred, as both the request for administrative review and the appeal to the Area Joint Appeals Board had been filed more than nine years late.

Legal Principle(s)

The Dispute Tribunal is competent to rule on issues of appeal only if the appeal to the former Joint Appeals Board was timely. Ģ��ƵAT has been strictly enforcing and will continue to strictly enforce the various time limits.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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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

Sanbar

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Date of Judgement