2020-��AT-1062

��AT Held or ��DT Pronouncements

��AT held that ��DT did not commit any errors in procedure, fact, or law and correctly dismissed the motion for an extension of time to file an application against the contested decision. ��AT held that the application was not receivable ratione materiae, as the Appellant had not submitted a timely request for management evaluation and she was not exempted from doing so. ��AT dismissed the appeal.

Decision Contested or Judgment/Order Appealed

The Applicant filed a motion seeking an extension of time to file an application to challenge the decision not to make a new posting available to her following the termination of her appointment. On the basis that the Applicant had failed to request management evaluation and that her case did not fall under any of the exceptions to requesting management evaluation, ��DT dismissed the motion because the application was not receivable ratione materiae.

Legal Principle(s)

Requesting management evaluation is a mandatory first step in the appeal process. The Tribunals have no jurisdiction to waive deadlines for requests for management evaluation.

Outcome

Appeal dismissed on receivability

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Mackie

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement