2013-Ģ��ƵAT-296

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held, without examining the merits, that a staff member cannot create a platform to re-open the possibilities of challenging an administrative decision not impugned at the time it was issued for reasons that did not exist at that time. Ģ��ƵAT held that the reconsideration sought by the Appellant was based on the analysis of administrative decisions that had no direct or particular effects on him, but on other staff members. On the allegation that a second decision was taken at a later date, Ģ��ƵAT held that it was nothing more than a consequence of the earlier decision, which had already been implemented and executed by both parties; thus, it was not independent, nor could it recreate for the staff member the right to challenge it through management evaluation or before Ģ��ƵRWA DT. Ģ��ƵAT held that Ģ��ƵRWA DT did not err when it considered that the request for administrative review was time-barred, and the appeal was not receivable due to that reason. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested his placement on Special Leave Without Pay in order to attend training in the United States. Ģ��ƵRWA DT dismissed his application as not receivable, as he did not request a review of the decision until almost two years later.

Legal Principle(s)

A staff member cannot create a platform to reopen the possibilities of challenging an administrative decision not impugned at the time it was issued for reasons that did not exist at the time.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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