2013-Ģ��ƵAT-363

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held there was no error in the Ģ��ƵRWA DT��s finding that the application was time-barred. Ģ��ƵAT held that Ģ��ƵRWA DT has, in principle, the discretion to accept Ģ��ƵRWA��s late reply in circumstances where Ģ��ƵRWA has not filed a motion seeking leave to do so and without proprio motu ordering Ģ��ƵRWA to file a reply. Noting the Administration��s reply was due before the transitional period into the new system of justice began, Ģ��ƵAT held that Ģ��ƵRWA DT erred when it granted a waiver of time after an excessive period of time had passed which was based on inaccurate facts and an invalid reason. Ģ��ƵAT held that the submission of the Commissioner-General��s late reply was not, however, prejudicial to Mr Chaaban since his appeal was time-barred. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

Ģ��ƵRWA DT judgment: The Applicant contested the decision not to invite him for tests for two posts for which he had applied. Ģ��ƵRWA DT rejected the application as time-barred. Ģ��ƵRWA DT allowed the Commissioner-General an extension of time to file a reply in the interests of justice, given the transition from the former to the current internal justice system.

Legal Principle(s)

Ģ��ƵRWA DT has the discretion to accept a late reply from the Respondent in circumstances where the Respondent has not filed a motion seeking leave to do so and without proprio motu ordering the Respondent to file a reply.

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

Chaaban

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement