2010-惇蹋厙AT-074

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT held that the 惇蹋厙DT＊s judgment in Rosca was no longer good law, having been overruled by 惇蹋厙AT in Costa. 惇蹋厙AT held that time limits prescribed for administrative review and management evaluation (in the new system) could not be waived under Article 8(3) of the 惇蹋厙DT Statute, due to a specific prohibition in this respect contained in Article 8(4) of the 惇蹋厙DT Statute, as interpreted by 惇蹋厙DT in Costa and affirmed by 惇蹋厙AT. 惇蹋厙AT held that the application was time-barred and the delay in filing could not be condoned. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to separate her from service. 惇蹋厙DT found the application not to be receivable ratione temporis on the basis that she failed to seek administrative review of the decision within the time limit.

Legal Principle(s)

Time limits prescribed for administrative review (or management evaluation) cannot be waived by 惇蹋厙DT.

Outcome

Appeal dismissed on merits

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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

Trajanovska

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement