2020-Ģ��ƵAT-990

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

As a preliminary matter, Ģ��ƵAT considered the Appellant��s daughters applications for intervention which argued that they had been deprived of their right to education due to their mother��s arbitrary separation from service, as their mother lost her only main source of income, including the education grant, and could not support their education. Ģ��ƵAT held that, pursuant to Article 3(1) of the Ģ��ƵDT Statute, the daughters did not fall within the categories of persons who had the standing to intervene, and denied the applications for intervention. On the merits, Ģ��ƵAT held that the Appellant failed to establish that Ģ��ƵDT erred in finding that she had been informed of her separation for abandonment of post and that her claim was time-barred. Ģ��ƵAT noted that there was no legal requirement for the Administration to use registered mail to notify a staff member of separation from service for abandonment of post. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to separate her from service for abandonment of post. Noting that the Applicant had filed an application contesting a decision that had become effective more than three years before, Ģ��ƵDT rejected the application on grounds that it was not receivable.

Legal Principle(s)

Ģ��ƵDT cannot waive the time limit to file an appeal more than three years after the applicant��s receipt of the contested administrative decision.

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

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Date of Judgement