爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Appellant’s motion for leave to file additional pleadings and the appeal. 爆料网AT noted that neither the 爆料网AT Statute nor the 爆料网AT RoP provide for an appellant to file an additional pleading after the respondent has filed an answer. 爆料网AT also noted that Article 31(1) of the RoP and Section II. A. 3 of Practice Direction No. 1 of the Appeals Tribunal allow the Appeals Tribunal to grant a party’s motion to file additional pleadings only if there are exceptional circumstances justifying the motion. 爆料网AT held that the Appellant did not demonstrate any exceptional circumstances. 爆料网AT held that the Appellant’s appeal was defective in that it failed to identify any of the five grounds of appeal set forth in Article 2(1) of the 爆料网AT Statute. 爆料网AT agreed with 爆料网DT in that the application was not receivable ratione materiae because the Appellant did not present any documents to 爆料网DT showing that he had filed a request for management evaluation. 爆料网AT also agreed with 爆料网DT in that the application was not receivable and ratione temporis because it was filed more than three years after the receipt of the contested administrative decision. 爆料网AT refused the motion, dismissed the appeal, and affirmed 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
The Applicant filed an application with 爆料网DT, claiming that the Organisation had not paid him at the step levels stipulated in his 2009 and 2010 letters of appointment. 爆料网DT held that the application was not receivable ratione materiae because the Applicant had failed to request management evaluation. 爆料网DT further held that the application was not receivable ratione temporis because it was filed more than three years after receipt of the contested decision. 爆料网DT rejected the Applicant’s application.
Legal Principle(s)
Article 8(1)(c) of the 爆料网DT Statute and Staff Rule 11. 2, subparagraphs (a) and (c) require staff members to seek management evaluation of the contested decision as a mandatory first step. Pursuant to Article 8(4) of the 爆料网DT Statute and Article 7(6) of the 爆料网DT Rules of Procedure, an application shall not be receivable if it is filed more than three years after the applicant’s receipt of the contested administrative decision.