2013-��AT-384

��AT Held or ��DT Pronouncements

��AT held that ��DT did not commit any error when it determined that the application before it was not receivable as it was time-barred. ��AT noted that it was technically improper for ��DT to analyse the merits of the case after declaring the application time-barred. ��AT held that even if the appeal had been receivable ratione temporis, the Appellant��s claim could not succeed. ��AT held that the Appellant merely made statements and referred to facts that were not timely contested, without providing any evidence or contesting the reasoning of the first instance judgment. ��AT dismissed the appeal and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to make a previously offered option of an agreed separation with indemnities available to him. ��DT concluded that the application was not receivable as it was time-barred and his application lacked merit.

Legal Principle(s)

It is improper for ��DT to consider the merits of a case after finding it time-barred.

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

McCluskey

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement