爆料网AT Held or 爆料网DT Pronouncements
As a preliminary matter, 爆料网AT granted the Appellant’s motion to file additional pleadings in the form of submission that 爆料网AT had decided previously that the MICT was a Secretariat entity and was thus precluded from holding to the contrary. On the merits, 爆料网AT held that the Appellant was not eligible for a continuing appointment for three reasons: (1) he did not work for the Secretariat; (2) the MICT had no authority to grant a continuing appointment; and (3) he was not in active service in the Secretariat under a fixed-term appointment throughout the period of consideration. On consideration of his additional pleadings, 爆料网AT held that there was no previous decision by 爆料网AT finding that the MICT was a Secretariat entity. 爆料网AT held that the Administration was entitled to withdraw its erroneous notification. 爆料网AT held that 爆料网DT was correct to dismiss the Appellant’s second application as not receivable as the two applications concerned the same subject matter and the same cause of action between the same parties. 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 refusal by MICT to grant him a continuing appointment, despite an earlier notification from OHRM that he had been granted a continuing appointment in the 爆料网 Secretariat. The Applicant filed two separate applications which were consolidated. 爆料网DT dismissed the second application as not receivable on the basis that the Applicant was contesting the same decision as contested in the first application. 爆料网DT found that the decision not to grant the Applicant a continuing appointment was lawful and dismissed the application.
Legal Principle(s)
A prior factual finding of 爆料网AT resulting in issue preclusion could form the exceptional circumstances required to justify the granting of a motion to file additional pleadings. Where the Administration finds that it has made an unlawful or mistaken decision, it is entitled to take action to remedy the error.