Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
The Appellant sought reversal of the Ä¢¹½ÊÓÆµDT judgment with respect to his claims regarding overtime and the unsustainability of his working environment, and compensation. Ä¢¹½ÊÓÆµAT held that the Appellant was unable to provide any evidence showing that he had requested overtime compensation in writing, or that the Administration did not respond or responded negatively. Ä¢¹½ÊÓÆµAT held that the Appellant failed to submit a request for management evaluation. Ä¢¹½ÊÓÆµAT held that the Appellant failed to file a complaint of harassment and abuse of authority as required by ST/SGB/2008/5. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant filed an application alleging breach of contract by the Administration in violation of the rules on overtime and compensatory time off. He also alleged he had been subjected to harassment and abuse of authority and challenged the failure to complete his performance evaluation within the applicable deadline. Ä¢¹½ÊÓÆµDT dismissed the application, concluding that none of the claims were receivable ratione materiae.
Legal Principle(s)
Time limits in the context of the administration of justice in the Ä¢¹½ÊÓÆµ¡¯s internal justice system must be observed and strictly enforced. It is incumbent upon Ä¢¹½ÊÓÆµDT to individualise and define the administrative decision challenged by a party and to identify the subject of judicial review. Before a staff member may file an ST/SGB/2008/5 complaint with the Ä¢¹½ÊÓÆµDT, he or she must have exhausted the internal remedies set forth therein.