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2021-Ä¢¹½ÊÓÆµAT-1141

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT noted that, although the appeal was technically inadequate because the Appellants had failed to specifically identify the errors allegedly committed by the Ä¢¹½ÊÓÆµRWA DT, it had previously recognised that if an appellant was not legally represented some latitude may be allowed in the interests of justice. Accordingly, Ä¢¹½ÊÓÆµAT held that it would review the merits of the appeal. Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµRWA DT erred on a question of fact that resulted in a manifestly unreasonable decision by failing to consider the full application and the question of when the Appellants received notification of the administrative decision. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT erred in fact in finding that the Appellants should have reasonably known all relevant facts of the contested decision by 31 March 2019 because the finding was based on an inaccurate and incomplete review of the evidence. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT erred finding the applications not receivable ratione materiae. Ä¢¹½ÊÓÆµAT remanded the cases to Ä¢¹½ÊÓÆµRWA DT for additional findings of fact and vacated the Ä¢¹½ÊÓÆµRWA DT Judgment.

Decision Contested or Judgment/Order Appealed

The Appellants contested the decision to not grant them additional allowances after a salary survey. Ä¢¹½ÊÓÆµRWA DT dismissed their applications as not receivable for failure to file a timely request for decision review.

Legal Principle(s)

Ä¢¹½ÊÓÆµRWA DT must determine the date of the implied decision based on objective elements that both parties (the Administration and the staff member) can accurately determine.

Outcome

Case remanded

Outcome Extra Text

N/A

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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.