2015-Ģ��ƵAT-606

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

As a preliminary matter, Ģ��ƵAT found that there were no exceptional circumstances to warrant the granting of the Appellant��s motion for leave to file a reply to the Commissioner-General��s answer and denied the motion. Ģ��ƵAT held that the Ģ��ƵRWA��s findings that the application was not receivable ratione temporis because it was filed more than three years after the receipt of the termination decision and that Ģ��ƵRWA DT had no discretion to waive the regulatory time limit of three years, were unassailable. Ģ��ƵAT held that Ģ��ƵRWA DT correctly found that the application was not receivable ratione materiae. On the Commissioner-General��s request for an award of costs, Ģ��ƵAT held that while the appeal was frivolous, it was not an abuse of process and therefore denied the request for an award of costs. Ģ��ƵAT denied the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to terminate his appointment. Ģ��ƵRWA DT dismissed the application as not receivable ratione materiae and ratione temporis.

Legal Principle(s)

An application to Ģ��ƵRWA DT is not receivable if it is filed more than three years after the applicant��s receipt of the contested administrative decision and Ģ��ƵRWA DT has no discretion to waive this time limit.

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

Hayek

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement