2021-惇蹋厙AT-1141

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT noted that, although the appeal was technically inadequate because the Appellants had failed to specifically identify the errors allegedly committed by the 惇蹋厙RWA DT, it had previously recognised that if an appellant was not legally represented some latitude may be allowed in the interests of justice. Accordingly, 惇蹋厙AT held that it would review the merits of the appeal. 惇蹋厙AT held that the 惇蹋厙RWA DT erred on a question of fact that resulted in a manifestly unreasonable decision by failing to consider the full application and the question of when the Appellants received notification of the administrative decision. 惇蹋厙AT held that 惇蹋厙RWA DT erred in fact in finding that the Appellants should have reasonably known all relevant facts of the contested decision by 31 March 2019 because the finding was based on an inaccurate and incomplete review of the evidence. 惇蹋厙AT held that 惇蹋厙RWA DT erred finding the applications not receivable ratione materiae. 惇蹋厙AT remanded the cases to 惇蹋厙RWA DT for additional findings of fact and vacated the 惇蹋厙RWA DT Judgment.

Decision Contested or Judgment/Order Appealed

The Appellants contested the decision to not grant them additional allowances after a salary survey. 惇蹋厙RWA DT dismissed their applications as not receivable for failure to file a timely request for decision review.

Legal Principle(s)

惇蹋厙RWA DT must determine the date of the implied decision based on objective elements that both parties (the Administration and the staff member) can accurately determine.

Outcome

Case remanded

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

Najway Yusef, Imad El Manasri, Rabie Abdulghani

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement