2011-Ä¢¹½ÊÓÆµAT-167, Luvai
Ä¢¹½ÊÓÆµAT held that it was not competent to revise the judgments of the former Ä¢¹½ÊÓÆµ Administration Tribunal. Ä¢¹½ÊÓÆµAT held that the appeal was not receivable.
Ä¢¹½ÊÓÆµAT held that it was not competent to revise the judgments of the former Ä¢¹½ÊÓÆµ Administration Tribunal. Ä¢¹½ÊÓÆµAT held that the appeal was not receivable.
Ä¢¹½ÊÓÆµAT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did...
Ä¢¹½ÊÓÆµAT held that since the Appellant did not submit her preliminary request for administrative review within the time limit, a time limit which expired before the new Staff Rules came into force, Ä¢¹½ÊÓÆµDT had no alternative than to reject her application as not receivable. Ä¢¹½ÊÓÆµAT dismissed the appeal.
Ä¢¹½ÊÓÆµAT held that the Appellant had failed to seek administrative review of the contested decision before launching an appeal with the Joint Appeals Board (JAB). Ä¢¹½ÊÓÆµAT held that those steps had to have been exhausted before invoking the jurisdiction of Ä¢¹½ÊÓÆµDT. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT erred in considering that the decision of 10 October 2008 was merely a confirmation of an earlier decision. Ä¢¹½ÊÓÆµAT held that the decision of 10 October 2008 was a new administrative decision for which the Applicant did not seek administrative review. Ä¢¹½ÊÓÆµAT noted that Ä¢¹½ÊÓÆµDT has no jurisdiction to waive the requirement of a prior...
Ä¢¹½ÊÓÆµAT 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¢¹½ÊÓÆµAT held that the appeal was not receivable. Ä¢¹½ÊÓÆµAT dismissed the appeal and upheld the Ä¢¹½ÊÓÆµJSPB decision.
Ä¢¹½ÊÓÆµAT held that the record reflected that: Michael and Jacqueline married in 1986; they had lived as husband and wife, and Jacqueline was Michael¡¯s wife on the date of his separation from service in 1998 and on the date of his death in 2008. Ä¢¹½ÊÓÆµAT held that Michael¡¯s first wife was unable to produce a marriage certificate and the divorce decree she produced was not proof of marriage, despite the date of marriage having been mentioned therein. Ä¢¹½ÊÓÆµAT held that the divorce decree could not be the sole basis of declaring Jacqueline¡¯s marriage to Michael invalid. Ä¢¹½ÊÓÆµAT held that Jacqueline was entitled...
Ä¢¹½ÊÓÆµAT held that the Appellant was essentially seeking an amendment to the Regulations of the Ä¢¹½ÊÓÆµJPSF in such a way as to enable her benefit to be paid retroactively to the date of the death in service of her husband, which was prior to 1 April 1999. Ä¢¹½ÊÓÆµAT held that the criteria proposed by the Appellant to pay the benefit were not in force to be applied to her case. Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµJSPF correctly applied the Ä¢¹½ÊÓÆµJSPF Regulations. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the impugned decision.
Ä¢¹½ÊÓÆµAT held that the appeal was not receivable because it was not filed within the deadline. Ä¢¹½ÊÓÆµAT held that there were no exceptional circumstances for it to waive the time limits. Ä¢¹½ÊÓÆµAT was not persuaded that the Appellant did not receive the Ä¢¹½ÊÓÆµDT judgment or any notification of the judgment, as he had actual knowledge of the judgment. Ä¢¹½ÊÓÆµAT held that the Appellant¡¯s right to due process of law was not violated. Ä¢¹½ÊÓÆµAT held that the appeal was not receivable as it was time-barred. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT correctly held that the Appellant¡¯s case was not receivable. Ä¢¹½ÊÓÆµAT held that a selection process involved a series of steps or findings which led to the administrative decision, and that these steps may only be challenged in the context of an appeal against the outcome of the selection process, but cannot alone be the subject of an appeal to the Ä¢¹½ÊÓÆµDT. Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµDT¡¯s decision to order the Appellant to pay the sum of CHF 2,000, was justified because he filed a frivolous application and made all kinds of baseless charges against the fairness of the Ä¢¹½ÊÓÆµDT. Ä¢¹½ÊÓÆµAT...
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not err when it decided that the present appeal by a former staff member to have access to the Ä¢¹½ÊÓÆµOV premises was not among the listed grounds of jurisdiction of the Ä¢¹½ÊÓÆµDT and was therefore not receivable. Ä¢¹½ÊÓÆµDT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.