2020-Ģ��ƵAT-1019

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Appellants failed to specifically identify the errors allegedly committed by the Ģ��ƵRWA DT and therefore the appeals were defective for that reason but considered the appeals given that the appellants were not legally represented. Ģ��ƵAT held that any error on a finding of fact of when the Appellants receive notification of the administrative decision did not result in a manifestly unreasonable decision. Ģ��ƵAT held that whether the administrative decision was the expressed verbal communication of the denial to provide compensation or was implied from the refusal or failure to respond, the Appellants did not meet the Area Staff Rule requirement that a request for review of the administrative decision be made within 60 days. Ģ��ƵAT held that Ģ��ƵRWA DT correctly held that the applications in relation to the decision were not receivable. Ģ��ƵAT held that the Ģ��ƵRWA DT correctly determined that there was no identifiable request for decision review. Ģ��ƵAT held that Ģ��ƵRWA DT did not err in fact or law in dismissing the applications. Ģ��ƵAT held that the applications to Ģ��ƵRWA DT were not receivable either ratione temporis or ratione materiae. Ģ��ƵAT dismissed the appeal.

Decision Contested or Judgment/Order Appealed

The staff members contested Ģ��ƵRWA��s decision not to compensate them for ��casual hours��. Ģ��ƵRWA DT held the application was not receivable ratione temporis.

Legal Principle(s)

Whether a decision was communicated with sufficient gravitas is relevant to the question of whether an individual was notified. Where there is no written notification, it is incumbent on the body reviewing the matter to consider whether the circumstances surrounding the verbal communication constitute notification. The fundamental requirement for a request for decision review is that the request must be an unambiguous written request which clearly identifies the staff member and the contested decision.

Outcome

Appeal dismissed on receivability

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

Houran et al

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement