爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. 爆料网AT held that 爆料网RWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that 爆料网RWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. 爆料网AT upheld the 爆料网RWA DT’s determination as to the limits of its jurisdiction. 爆料网AT held that 爆料网RWA DT correctly determined that the Appellant’s claims were not receivable. On the question of whether 爆料网RWA DT erred procedurally when it permitted the Respondent to participate in the proceedings and to submit a late reply, 爆料网AT held that, whether or not 爆料网RWA DT erred procedurally, in the absence of an order to that effect, such error did not, of itself, vitiate the 爆料网RWA DT’s decision that the applications were not receivable ratione temporis. 爆料网AT held that the Appellants had failed to demonstrate how 爆料网RWA DT’s consideration of their applications was prejudiced by reason of the Respondent’s participation in the proceedings 爆料网AT found no merit in the ground of appeal that 爆料网RWA DT erred in law when it restricted the observations to the Respondent’s reply to those Appellants who had requested leave to file such observations. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicants contested the Administration’s decision to make deductions from their salaries in response to their strike action. 爆料网RWA effected re-payment of the deductions more than a year later. 爆料网RWA DT rejected the applications as time-barred in a summary judgment on a matter of law.
Legal Principle(s)
An administrative decision is a unilateral decision taken by the Administration in a precise individual case that produces direct legal consequences to the legal order.