2010-惇蹋厙AT-079

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT held that the repeated requests by the Appellant to the management over a period of seven years for a correction of his entry-level were mere restatements of the original claim and did not stop the deadline for contesting the decision from running. 惇蹋厙AT held that 惇蹋厙DT did not have the power to waive or suspend the deadline for requesting administrative review under the old internal justice system (Costa (2010-惇蹋厙AT-036)). 惇蹋厙AT held that 惇蹋厙DT erred in law in applying the decision in Rosca (惇蹋厙DT/2009/052), which was disproved by 惇蹋厙AT in Costa, but that the error did not affect the outcome for the case. 惇蹋厙AT held that the application was time-barred and not receivable. 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 level at which he was appointed upon joining the Organisation. 惇蹋厙DT dismissed the application as non-receivable as it was time-barred.

Legal Principle(s)

惇蹋厙DT does not have the power to waive or suspend the deadline for requesting administrative review.

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

Sethia

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Date of Judgement