2011-惇蹋厙AT-170

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT held that the Appellant had failed to seek administrative review of the contested decision before launching an appeal with the Joint Appeals Board (JAB). 惇蹋厙AT held that those steps had to have been exhausted before invoking the jurisdiction of 惇蹋厙DT. 惇蹋厙AT held that 惇蹋厙DT erred in considering that the decision of 10 October 2008 was merely a confirmation of an earlier decision. 惇蹋厙AT held that the decision of 10 October 2008 was a new administrative decision for which the Applicant did not seek administrative review. 惇蹋厙AT noted that 惇蹋厙DT has no jurisdiction to waive the requirement of a prior request for administrative review under the former staff rules. 惇蹋厙AT held that 惇蹋厙DT erred in finding the applicable receivable ratione materiae. 惇蹋厙AT dismissed the appeal.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew her contract. 惇蹋厙DT found the application to be receivable but dismissed it.

Legal Principle(s)

惇蹋厙DT has no jurisdiction to waive the procedural requirement of requesting an administrative review of the contested decision.

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

Kapsou

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement