爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered whether exceptional circumstances should apply to the Appellant’s appeal, under Article 8(3) of the 爆料网DT Statute. 爆料网AT held that 爆料网DT was correct in its conclusion that absent a full explanation for the five-month delay after her discharge from the hospital, the Appellant could not avail herself of the plea of exceptional circumstances. 爆料网AT held that 爆料网DT did not err in finding that the application was not receivable. 爆料网AT dismissed the appeal.
Decision Contested or Judgment/Order Appealed
The Applicant filed an application with 爆料网DT, appealing the administrative decision imposing the disciplinary measure of separation of service. The Secretary-General filed a motion for summary judgment, contending that the application was not receivable. 爆料网DT dismissed the Applicant’s application as not receivable because she did not file it in a timely fashion, under Article 8(1)(d)(ii) of the 爆料网DT Statute. 爆料网DT also held that the Applicant’s motion for suspension, waiver, or extension of time limit could not be entertained because it was not filed before the filing of her substantive application, under Article 8(3) of the 爆料网DT Statute.
Legal Principle(s)
In cases where management evaluation is not required, in terms of Article 8(1)(d)(ii) of the 爆料网DT Statute, the application to the 爆料网DT must be filed within 90 calendar days of the applicant’s receipt of the administrative decision. An application for waiver of timelines ordinarily must be filed before the application is made and not afterwards.