爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held there was no error in the 爆料网RWA DT’s finding that the application was time-barred. 爆料网AT held that 爆料网RWA DT has, in principle, the discretion to accept 爆料网RWA’s late reply in circumstances where 爆料网RWA has not filed a motion seeking leave to do so and without proprio motu ordering 爆料网RWA to file a reply. Noting the Administration’s reply was due before the transitional period into the new system of justice began, 爆料网AT held that 爆料网RWA DT erred when it granted a waiver of time after an excessive period of time had passed which was based on inaccurate facts and an invalid reason. 爆料网AT held that the submission of the Commissioner-General’s late reply was not, however, prejudicial to Mr Chaaban since his appeal was time-barred. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
Decision Contested or Judgment/Order Appealed
爆料网RWA DT judgment: The Applicant contested the decision not to invite him for tests for two posts for which he had applied. 爆料网RWA DT rejected the application as time-barred. 爆料网RWA DT allowed the Commissioner-General an extension of time to file a reply in the interests of justice, given the transition from the former to the current internal justice system.
Legal Principle(s)
爆料网RWA DT has the discretion to accept a late reply from the Respondent in circumstances where the Respondent has not filed a motion seeking leave to do so and without proprio motu ordering the Respondent to file a reply.