Ä¢¹½ÊÓÆµ

2013-Ä¢¹½ÊÓÆµAT-365

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT, in assessing whether the publication complained of constituted an administrative decision, correctly determined that the Appellant had not identified any terms or conditions of his former employment which had been violated. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT, in reaching its decision, correctly assessed the publication of the President¡¯s Order against the definition of an administrative decision and was correct in finding that both the determination that a ruling on a request for recusal should be issued in the form of an order or of a judgment and the decision to publish such rulings on a website were matters of internal organisation which did not constitute acts adversely affective staff member¡¯s rights and, as such, did not constitute a challengeable administrative decision. Ä¢¹½ÊÓÆµAT held that the Appellant had not demonstrated that Ä¢¹½ÊÓÆµDT made any error of law or fact in rejecting his application. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT correctly determined that the criterion for summary judgment was met. Ä¢¹½ÊÓÆµAT held that the Appellant had not established any legal or factual basis for his submission that the principle of audi alteram partem had been disregarded by Ä¢¹½ÊÓÆµDT. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.

Decision Contested or Judgment/Order Appealed

Ä¢¹½ÊÓÆµDT Order: In Order No. 1 (PRES/2012), the President of Ä¢¹½ÊÓÆµDT rejected Mr Gehr¡¯s motion for recusal. Mr Gehr challenged the decision to publish the Order on a separate section of the Ä¢¹½ÊÓÆµDT website, seeking its removal or its publication in the same way as other decisions relating to recusal were done. Ä¢¹½ÊÓÆµDT rejected the application.

Legal Principle(s)

In general, matters of internal organisation, such as the publication of orders on the Ä¢¹½ÊÓÆµDT website, do not constitute appealable administrative decisions.

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.