2014-��AT-446

��AT Held or ��DT Pronouncements

��AT held that ��DT correctly concluded that the Appellant��s claim was not receivable. ��AT noted that it was evident that the Appellant knew of the process of management evaluation at the time of the impugned administrative decision. ��AT also held that ��DT correctly exercised its discretion to award costs against the Appellant for abuse of the judicial process, as her failure to apply for management evaluation was deliberate and thus her application was frivolous and vexatious. ��AT dismissed the appeal in its entirety and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to withhold her final emoluments and the delay in notifying ��JSPF of her separation. ��DT dismissed her application as non-receivable on the grounds that she failed to seek management evaluation. ��DT also ordered the Applicant to pay costs for having filed a ��vexatious and frivolous�� application.

Legal Principle(s)

A staff member must seek management evaluation before filing an application with ��DT or a first-instance tribunal.

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

Mosha

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement