爆料网AT Held or 爆料网DT Pronouncements
爆料网AT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. 爆料网AT held that the evidence showed that 爆料网DT had correctly found that the administrative decision denying ASHI/MIP to the Appellant was communicated to her in an e-mail of 1 May 2014. 爆料网AT agreed with 爆料网DT that the e-mail of 27 May 2014 “did not refer to any new fact or information” and was “a mere confirmation of the earlier and unambiguous decision of 1 May 2014”. 爆料网AT held that 爆料网DT had not erred in law or fact resulting in a manifestly unreasonable decision when it determined that the Appellant received the administrative decision denying her MIP, making her request for management evaluation untimely. 爆料网AT held that 爆料网DT did not err in law when it concluded that the other claims were not receivable ratione materiae. 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 decisions 1) to separate her from service; 2) that she was not eligible for After Service Healthcare (ASHI/MPI), and 3) that did not allow her the benefits of the 爆料网 Joint Staff Pension Fund. 爆料网DT found that the application was not receivable ratione materiae since the Applicant had only filed a request for management evaluation regarding the eligibility for ASHI/MIP. 爆料网DT further found that the Applicant had filed the request untimely. 爆料网DT dismissed the application in its entirety as not receivable.
Legal Principle(s)
爆料网DT has jurisdiction to receive applications appealing administrative decisions only if the applicant has “previously submitted the contested administrative decision for managerial evaluation, where required”; management evaluation or review is to correct any errors in an administrative decision so that judicial review of the administrative decision is not necessary.