爆料网AT Held or 爆料网DT Pronouncements
爆料网AT rejected the request for an oral hearing finding no need for further clarification of the issues. 爆料网AT held that the Appellant failed to identify the grounds for his appeal, considering it defective. 爆料网AT agreed with 爆料网RWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. 爆料网AT held that 爆料网RWA DT’s conclusion that the application was not receivable did not present any errors of law or fact. 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 judgment: The Applicant filed an application for suspension of action of the non-renewal and recruitment decisions together with a substantive application on the merits. 爆料网DT ordered the suspension of the decisions until the determination of the merits of the case.
Legal Principle(s)
An interlocutory appeal is receivable where 爆料网DT has clearly exceeded its jurisdiction or competence. This will not be the case in every decision by 爆料网DT concerning its jurisdiction or competence. Articles 13 and 14 of the 爆料网DT Rules of Procedure follow the same logic, though with slightly different wording. They must not be read as amending the Statute, because they merely serve as instrument to implement the Statute (see Article 7.1 of the 爆料网DT Statute). Cases of separation following non-renewal constitute a case of appointment and fall under the exclusionary clause of Article 10. 2 of the 爆料网DT Statute. In these cases, the reversal of the underlying contested decision results in the issuance of a new appointment reflecting “expressly or by reference all the terms and conditions of employment” as provided for in Staff Rule 4.1.