2013-Ģ��ƵAT-384

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵDT did not commit any error when it determined that the application before it was not receivable as it was time-barred. Ģ��ƵAT noted that it was technically improper for Ģ��ƵDT to analyse the merits of the case after declaring the application time-barred. Ģ��ƵAT held that even if the appeal had been receivable ratione temporis, the Appellant��s claim could not succeed. Ģ��ƵAT held that the Appellant merely made statements and referred to facts that were not timely contested, without providing any evidence or contesting the reasoning of the first instance judgment. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to make a previously offered option of an agreed separation with indemnities available to him. Ģ��ƵDT concluded that the application was not receivable as it was time-barred and his application lacked merit.

Legal Principle(s)

It is improper for Ģ��ƵDT to consider the merits of a case after finding it time-barred.

Outcome

Appeal dismissed on merits

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Applicants/Appellants

McCluskey

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement