2021-惇蹋厙AT-1139

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT held that 惇蹋厙RWA DT erred in law by not taking account of evidence implying strongly that there had been an administrative decision by 惇蹋厙RWA not to pay allowances to those who claimed them as their entitlement, and therefore concluding wrongly that there was no evidence of an administrative decision affecting the Appellant＊s rights. However, 惇蹋厙AT held that the 惇蹋厙RWA DT＊s Judgment dismissing the Appellant＊s claim had to be upheld on grounds of lateness of their request for management evaluation. 惇蹋厙AT dismissed the appeals and upheld the 惇蹋厙RWA DT Judgment.

Decision Contested or Judgment/Order Appealed

The Appellants contested the decision not to receive their challenges to 惇蹋厙RWA＊s refusal or failure to pay salary allowances to them. 惇蹋厙RWA DT concluded that, as the Appellant＊s had failed to prove that they had requested payment of the allowances, 惇蹋厙RWA had not made a reviewable administrative decision. 惇蹋厙RWA DT dismissed the applications as not receivable ratione materiae.

Legal Principle(s)

惇蹋厙AT is limited by statute to certain grounds of appeal. 惇蹋厙AT is not competent to determine substantive issues which have not been examined by a first instance body.

Outcome

Appeal dismissed on receivability

Outcome Extra Text

N/A

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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

Jihad AbduGhani Oneis, Diab El-Tabari and Walid Abdullah

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement