Ä¢¹½ÊÓÆµ

2017-Ä¢¹½ÊÓÆµAT-722

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT had before it an appeal against both Ä¢¹½ÊÓÆµDT/2016/106/Corr.1 and Ä¢¹½ÊÓÆµDT/2016/106/Corr.2 which did not concern the determination on the merits of the application, but rather the rejection of the Appellant¡¯s application for interim measures by the Ä¢¹½ÊÓÆµDT and certain conduct by the Ä¢¹½ÊÓÆµDT and its Registrar. Ä¢¹½ÊÓÆµAT held that the Appellant¡¯s criticisms of the Ä¢¹½ÊÓÆµDT decision to amend its own Judgment were well-founded as the corrections went beyond clerical mistakes or errors arising from any accidental slips or omissions; they were unexplained corrections that altered the main findings of the Judgment and were impermissible, irregular and in violation of the functus officio doctrine. However, Ä¢¹½ÊÓÆµAT held that the irregular corrections were of no prejudicial consequence and the appeal should be dismissed on that ground alone. Ä¢¹½ÊÓÆµAT noted that the various causes of action raised by the Appellant had been raised inconsistently, but that as he was not legally represented, it was not in the interests of justice to hold him formalistically and technically to what he may or may not have pleaded. Considering three possible grounds of appeal, Ä¢¹½ÊÓÆµAT held: that Ä¢¹½ÊÓÆµDT was not competent to grant interim relief; that there was no evidence to support a finding that the Appellant was prejudiced in some way by the rejection of the application for interim relief; and, that even if the Registrar, rather than Ä¢¹½ÊÓÆµDT, irregularly took the decision to reject the application for interim relief, the Appellant was put in no worse position than that which the law and circumstances objectively mandated. Ä¢¹½ÊÓÆµAT held that the Appellant was not prejudiced in any way by being required to re-file his application for interim relief. Ä¢¹½ÊÓÆµAT held that there were no valid grounds or practical reasons for remitting the matter to Ä¢¹½ÊÓÆµDT for reconsideration. Ä¢¹½ÊÓÆµAT dismissed the appeal and upheld the Ä¢¹½ÊÓÆµDT Judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to appoint a candidate for a position for which he had not applied. Ä¢¹½ÊÓÆµDT rejected his application as not receivable ratione materiae. Ä¢¹½ÊÓÆµDT subsequently issued two corrigenda (Ä¢¹½ÊÓÆµDT/2016/106/Corr. 1) and Ä¢¹½ÊÓÆµDT/2016/106/Corr. 2).

Legal Principle(s)

Corrections to a final judgment that go beyond correcting clerical mistakes or errors arising from any accidental slips or omissions, thereby altering the main findings of a judgment, are impermissible, irregular, and in violation of the functus officio doctrine.

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.

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