2013-Ģ��ƵAT-376

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Noting the Secretary-General��s contention that administrative review by ICAO is the equivalent of management evaluation under Article 7(3) of the Ģ��ƵAT Statute, and Article 7(3) must be interpreted in the same manner as Article 8(3) of the Ģ��ƵDT Statute, Ģ��ƵAT agreed that Article 7(3) prohibited Ģ��ƵAT from waiving the deadline by which the Appellant was required to seek administrative review. Ģ��ƵAT held that it did not have jurisdiction or competence to address the merits of the substantive claims of the Appellant since AJAB did not consider the merits of those claims as the neutral first instance process. Ģ��ƵAT dismissed the appeal and affirmed the decision of the Secretary-General of ICAO.

Decision Contested or Judgment/Order Appealed

ICAO decision: The Applicant contested the terms afforded to him by the Secretary-General of ICAO upon his resignation from ICAO. The Secretary-General of ICAO decided, accepting the recommendation of the Advisory Joint Appeals Board (AJAB), not to waive the time limit for the Applicant to seek administrative decision review.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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Applicants/Appellants

Williams

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement