Ģ��ƵDT/2016/103

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵDT deemed it appropriate to decide on the application, without first transmitting a copy of the application to the Respondent for a reply. The Applicant should have requested management evaluation of the contested decision, but failed to do so. Ģ��ƵDT rejected the application as not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to close the case after investigation of her complaint against her supervisor for prohibited conduct under ST/SGB/2008/5 and not to grant her compensation for the damages that she allegedly suffered.

Legal Principle(s)

The issue of receivability is a matter of law which may be adjudicated even without serving the application to the Respondent for reply and even if it was not raised by the parties. The jurisdiction of Ģ��ƵDT can only be exercise if the contested administrative decision has previous been submitted for management evaluation, where required. Management evaluation is a mandatory administrative review to be undertaken prior to the submission of an application to Ģ��ƵDT and it is not open to Ģ��ƵDT to waive this requirement or make any exception to it.

Outcome

Dismissed as not receivable

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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

Fayek

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement