爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that in view of the case record, the contested administrative decision was the decision not to reclassify the staff member’s post, which was communicated to Appellant in a definitive and unambiguous response on 9 July 2019.
Subsequent letters to the Appellant were only reiterations of that decision. The 爆料网RWA DT was correct to conclude that Appellant failed to submit a timely request for decision review as required prior to filing his application with the 爆料网RWA DT, given that Mr. Abu Heija had not filed his request for decision review until more than a year after receiving the July 2019 decision.
The 爆料网AT dismissed the appeal and affirmed Judgment No. 爆料网RWA/DT/2021/064.
Decision Contested or Judgment/Order Appealed
A staff member contested a decision of the 爆料网RWA concerning the classification of his post under a new occupational health salary scale.
In Judgment No. 爆料网RWA/DT/2021/064, the 爆料网RWA DT concluded that the staff member had failed to submit a timely request for decision review and dismissed the application as not receivable ratione materiae.
The staff member appealed.
Legal Principle(s)
An appealable administrative decision is a decision whereby its key characteristic is the capacity to produce direct legal consequences affecting a staff member’s terms and conditions of appointment.
It is part of the duties and inherent powers of a Judge to adequately interpret and comprehend the application submitted and to identify what is being contested.
爆料网AT jurisprudence is clear that the request for decision review provides the Administration with the opportunity to reassess the situation and correct possible mistakes or errors. Neither the 爆料网RWA DT nor the Appeals Tribunal may suspend or waive the deadline for requesting decision review.
A subsequent reiteration or reaffirmation of a previously communicated decision is not a new administrative decision triggering a new time limit for appeal.