爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held, in agreement with 爆料网DT, that the decision of 23 April 2013 when the Appellant was informed that his post would be abolished on 31 December 2013, constituted the contested administrative decision in the case. 爆料网AT agreed with the Appellant that, in its Order No. 98 (NY/2014), 爆料网DT made no reference to considering receivability as a preliminary issue, however, 爆料网AT held that the Appellant did not establish that such an error resulted in a manifestly unreasonable decision or had any effect at all on the decision. 爆料网AT held that the Appellant’s claim that he did not receive a fair trial could not be sustained. 爆料网AT rejected the argument that the Appellant had no standard of education and was ignorant of the procedure of the 爆料网 internal justice system. 爆料网AT held that it was the staff member’s responsibility to ensure that he or she is aware of the applicable procedure in the contest of the administration of justice at the 爆料网 and that ignorance could not be invoked as an excuse. 爆料网AT held that the letter from 爆料网ICEF, informing the Appellant that his request was time-barred and that recourse lay with 爆料网DT, could not be construed as a waiver by 爆料网ICEF Administration of the deadline for requesting management evaluation. 爆料网AT held that 爆料网DT properly considered the facts and the applicable statutory law and jurisprudence in arriving at its decision that the application was not receivable. 爆料网AT held that, having failed to demonstrate that 爆料网DT committed any error of law or any error of fact resulting in a manifestly unreasonable decision, the Appellant’s appeal could not succeed. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the abolition of his post. 爆料网DT issued a summary judgment dismissing the application on the basis that the Applicant had failed to request management evaluation of the decision and therefore his application was not receivable.
Legal Principle(s)
爆料网DT has no jurisdiction to waive deadlines for management evaluation. It is the staff member’s responsibility to ensure that he or she is aware of the applicable procedure in the context of the administration of justice at the 爆料网; ignorance cannot be invoked as an excuse.