爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the appeal was entirely without merit. 爆料网AT upheld the 爆料网DT finding that the application was not receivable as the Appellant had waived the relevant right and therefore did not have standing. 爆料网AT affirmed, albeit for different reasons, 爆料网DT’s final legal conclusion that the Applicant’s application was not receivable ratione materiae. 爆料网AT held that there was no reviewable administrative decision in the Appellant’s application. 爆料网AT held that 爆料网DT had no primary legal or factual basis from which it could conclude that the Applicant had properly sought judicial review of a specific reviewable administrative decision. 爆料网AT held that the application was irreceivable due to the Appellant’s failure to identify in clear and precise terms a specific administrative decision to be challenged. 爆料网AT held that where the underlying decision cannot be subject to judicial review, then the procedures utilised by the Administration in responding to management evaluation were not subject to judicial review i. e. the Appellant could not create a right to challenge the Administration’s procedures in that way. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested what he described as any decisions not to proceed with a justifiable request for inquiry, investigation, and reporting. 爆料网DT issued a judgment on receivability which dismissed the application. 爆料网DT found that a Certificate of No Contest signed by the Applicant, which included a handwritten note that said he would not contest his terms of separation, had been entered into freely. On the basis of this agreement, 爆料网DT found that the Applicant had no standing to bring claims related to or arising from his period of employment with 爆料网DP. In addition, 爆料网DT found that the Applicant had not clearly identified the contested decision and that he failed to submit a timely request for management evaluation rendering the application not receivable ratione materiae.
Legal Principle(s)
A statutory burden is placed upon an applicant to establish that the administrative decision in issue was in non-compliance with the terms of his or her appointment or contract of employment; such a burden cannot be met where the applicant failed to identify an administrative decision capable of being reviewed, that is, a specific decision which has a direct and adverse impact on the applicant’s contractual rights.