爆料网AT Held or 爆料网DT Pronouncements
爆料网AT agreed with 爆料网DT and its conclusion that the application was not receivable ratione materiae. 爆料网AT noted that a request for management evaluation must be submitted prior to bringing an application before 爆料网DT. 爆料网AT further noted that, even if the Management Evaluation Unit (MEU) had failed to resolve the Appellant’s complaints about the contested decision, she still had the opportunity to file a timely application with 爆料网DT for judicial review after she receive the response from the MEU but had chosen not to do so. 爆料网AT held that 爆料网DT exceeded its competence and jurisdiction in addressing the merits of the claim. 爆料网AT held that because the 爆料网DT had no competence and jurisdiction to make any factual findings and reach any legal conclusions on the merits of the Appellant’s claims, the correctness of such improper findings and conclusions could not be the basis of an appeal. 爆料网AT held that 爆料网DT did not err in denying the Appellant’s request for confidentiality and that her other claims on appeal had no merit, therefore it did not need to address them. 爆料网AT dismissed the appeal.
Decision Contested or Judgment/Order Appealed
爆料网DT judgment: The Applicant contested a decision by the Ethics Office not to consider that the settlement agreement she had concluded, following mediation, constituted protected activity. 爆料网DT dismissed the application as not receivable ratione materiae.
Legal Principle(s)
A staff member must be familiar with the Staff Rules and understand his or her obligation to act in conformance with those rules.