2015-Ģ��ƵAT-576

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that a staff member cannot extend the statutory deadline to appeal by filing post-judgment motions. Ģ��ƵAT noted that to hold otherwise would allow the parties to set their own deadlines for appeal of a Ģ��ƵDT judgment and undermine the mandatory nature of the statutory deadline in Article 7.1(c) of the Ģ��ƵAT Statute. Ģ��ƵAT dismissed the appeal as time-barred.

Decision Contested or Judgment/Order Appealed

The staff member filed a motion for correction of judgment Ģ��ƵDT/2014/109 (Ģ��ƵDT judgment), which Ģ��ƵDT denied. The staff member filed a second motion for correction of the Ģ��ƵDT judgment, arguing that Ģ��ƵDT made erroneous factual findings in the judgment. Ģ��ƵDT denied the second motion. The staff member subsequently filed an appeal against the Ģ��ƵDT judgment more than a month after the expiration of the 60-day time limit for filing an appeal. The staff member argued that the 60-day deadline ran from the date that his second motion for correction of judgment was denied on 4 September 2014 and that his appeal was therefore timely.

Legal Principle(s)

An application for correction of a Ģ��ƵDT judgment (or other post-judgment motions) does not extend the time limit for filing an appeal against the Ģ��ƵDT judgment on the merits.

Outcome

Appeal dismissed on receivability

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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

Harrich

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Date of Judgement