爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the Appellant’s application regarding the implied decision conveyed in a conversation with his colleague was, indeed, not receivable ratione materiae. However, 爆料网AT held that a later letter of response from the Administration effectively re-set the clock for the Appellant to file his request for management evaluation. 爆料网AT held that the express decision in the letter, containing the rejection of the Appellant’s complaint and the reasons, therefore, was not a mere confirmation of the previous implied administrative decision, but a new, appealable decision. 爆料网AT held that 爆料网DT erred in dismissing the application as not receivable ratione materiae. 爆料网AT granted the appeal, reversed the 爆料网DT judgment, and remanded the case back to 爆料网DT for determination on the merits.
Decision Contested or Judgment/Order Appealed
The staff member contested the administrative decision not to investigate his complaint of harassment and abuse of authority against his second reporting officer. 爆料网DT dismissed his application as not receivable on the grounds that he had not filed a timely request for management evaluation. Specifically, the 爆料网DT found that the staff member had not submitted a request within 60 days of receipt of notification of the contested decision or the date on which he first came to know of it.
Legal Principle(s)
With an implied administrative decision, 爆料网DT must determine the date on which the staff member knew or reasonably should have known of the decision he or she contests.