Ģ��ƵDT/2013/064

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Following inter partes discussions pursuant to case management directions by the Tribunal, the Applicant filed a motion to withdraw his application, confirming that he was withdrawing the matter fully, including on the merits, and with no right of reinstatement. The Ģ��ƵDT stated in the judgment that, there no longer being any determination to make in view of the Applicant��s unequivocal withdrawal of his application, the application was dismissed in its entirety without liberty to reinstate.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application contesting the decision requiring him to pay half the cost of convening a medical board to review his request for sick leave.

Legal Principle(s)

Finality of disputes: The desirability of finality of disputes in proceedings requires that a party should be able to raise a valid defence of res judicata which provides that a matter between the same persons, involving the same cause of action may not be adjudicated twice. Res judicata: Once a matter has been determined, parties should not be able to re-litigate the same issue. An issue, broadly speaking, is a matter of fact or question of law in a dispute between two or more parties which a court is called upon to decide and pronounce itself on in its judgment. The object of the res judicata rule is that ��there must be an end to litigation�� in order ��to ensure the stability of the judicial process�� (Meron 2012-Ģ��ƵAT-198).Judgment: Generally, a judgment involves a final determination of the proceedings or of a particular issue in those proceedings.

Outcome

Closed on withdrawal

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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

Agha

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Tribunal

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Date of Judgement