2013-Ģ��ƵAT-293

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵDT correctly concluded that applications to the Ģ��ƵDT, be they from serving or former staff members (such as the Appellant), are only receivable if the applicant has previously submitted the contested administrative decision for management evaluation. Ģ��ƵAT found no merit in the Appellant��s interpretation of the relevant provisions that, as a former staff member, he was exempted from the requirement for management evaluation. Ģ��ƵAT upheld the Ģ��ƵDT��s consideration that in the event of any ambiguity or contradiction between the Ģ��ƵDT Statute and the Staff Rules, the former must prevail over the latter. Ģ��ƵAT held that it was satisfied that Ģ��ƵDT was correct in law in rejecting the application as not receivable by reason of the Appellant not having sought management evaluation of the administrative decision. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to open an investigation into his allegations. Ģ��ƵDT rejected the application as not receivable as he had failed to submit the contested decision for management evaluation.

Legal Principle(s)

The procedural requirement of submission for management evaluation equally applies to staff members and former staff members.

Outcome

Appeal dismissed on merits

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Applicants/Appellants

Gehr

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement