2016-Ģ��ƵAT-625

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Appellant had failed to submit his appeal to the AJAB in accordance with the time limits defined in ICAO��s Field Service Staff Rules. Ģ��ƵAT held that a submission of an appeal of the administrative decision to AJAB was a mandatory step in the first-instance procedure. Ģ��ƵAT held that it did not have jurisdiction or competence to address the merits of the substantive claims of an appellant which were not considered first by the AJAB as the ��neutral first instance process��. Ģ��ƵAT further held that the Appellant had failed to comply with a mandatory step of the first instance procedure. Ģ��ƵAT dismissed the appeal.

Decision Contested or Judgment/Order Appealed

The Applicant initially filed an application with Ģ��ƵDT to ��document the maltreatment he suffered at the hands of ICAO��s Technical Cooperation Bureau during his service and particularly and the trauma as a result of the events�� and to seek relief. Upon learning that Ģ��ƵDT had no jurisdiction over cases arising from ICAO, the Applicant filed the same application with Ģ��ƵAT.

Legal Principle(s)

It is within Ģ��ƵAT��s proper purview to deliberate upon Advisory Joint Appeals Board (��AJAB��) conclusions and recommendations, as the AJAB constitutes the proper venue of ��neutral first instance process. �� Accordingly, there should normally be no need for Ģ��ƵAT to review any evidence other than that previously submitted before the AJAB.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered

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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

Mosupukwa

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Tribunal

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Date of Judgement