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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that the former staff member¡¯s application was not receivable.

Regarding the former staff member¡¯s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the Ä¢¹½ÊÓƵAT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the Ä¢¹½ÊÓƵAT further held that her ignorance or misunderstanding of the law...

Ä¢¹½ÊÓƵAT took into account that the Appellant only made his request some 29 months after the expiration of the deadline and that he did not submit any medical report. Ä¢¹½ÊÓƵAT held that the appeal was not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵJSPB decision.

Ä¢¹½ÊÓƵAT held that the Standing Committee did not err in holding the application was not receivable ratione temporis. Ä¢¹½ÊÓƵAT noted that, in refusing to receive the application, the Standing Committee also implicitly refused to find ¡°good cause¡± to waive the sixty days¡¯ time limit for review set forth in Section K of the Ä¢¹½ÊÓƵJSPF Administrative Rules. Ä¢¹½ÊÓƵAT also found no error in this implicit determination and held that a waiver of five years for review by the Standing Committee would be unreasonable, especially in light of the time limits in the Transfer Agreement between Ä¢¹½ÊÓƵJSPF and CTBTO. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT dismissed the appeal as not receivable, as the Appellant had failed to request a review of the Ä¢¹½ÊÓƵJSPF decision before appealing to Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT remanded the matter for a hearing before the Standing Committee, treating the appeal as if correctly and timely filed as a request for decision review.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵJSPF¡¯s contention that Ms. Larriera had known since 2003 that she was not recognized as a widow by Ä¢¹½ÊÓƵJSPF, interpreted as having the meaning that she should have timely filed her request for review and subsequently her appeal to Ä¢¹½ÊÓƵAT at that time, was without merit. In the absence of an explicit decision by the Administration denying her the entitlement, Ä¢¹½ÊÓƵAT held that Ms Larriera could not and ought not to be expected to presume that such a decision was taken. Ä¢¹½ÊÓƵAT held that Ms. Larriera¡¯s request for review was receivable ratione materiae and that Ms. Larriera¡¯s appeal was...