爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网DT’s conclusion that the application was non-receivable ratione materiae was correct, since the Appellant had failed to challenge the 爆料网TSO CHRO’s response, the original administrative decision of 6 May 2015, by requesting a management evaluation. 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 decision not to review any further his requests for compensation at the GS-5 level, prior to his retirement from 爆料网TSO. 爆料网DT held that the Applicant failed to timely file the claim that he should have been promoted to the GS-5 level and to challenge the Administration’s decision appropriately. 爆料网DT rejected the application as not receivable.
Legal Principle(s)
The key characteristic of an administrative decision subject to judicial review is that the decision must ‘produce direct legal consequences’ affecting a staff member’s terms and conditions of appointment. The date of an administrative decision is based on objective elements that both parties (Administration and staff member) can accurately determine. A staff member cannot reset the time for management evaluation by asking for a confirmation of an administration decision that has been communicated to him earlier. Neither can a staff member unilaterally determine the date of an administrative decision. Neither 爆料网DT nor 爆料网AT has jurisdiction to waive deadlines for the filing of requests for management evaluation or to grant any exceptions to it as it is a mandatory requirement pursuant to the Staff Rules.