爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT found that the staff member had filed his appeal more than a year after the issuance of the 爆料网DT Judgment and even if he had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred and not receivable ratione temporis.
The 爆料网AT nevertheless noted that the staff member’s application filed with the 爆料网DT was not receivable under the doctrine of res judicata because the 爆料网AT had already affirmed in its earlier judgment a 爆料网DT judgment deciding his challenge to the same administrative decision.
The 爆料网AT found that the staff member sought to re-litigate his arguments and had thereby manifestly abused the judicial process.
The 爆料网AT further noted that the 爆料网DT had made no error in finding that the staff member’s first application was lis pendens when his second application was made.
The 爆料网AT dismissed the appeal.
Decision Contested or Judgment/Order Appealed
A former staff member contested a decision not to renew his fixed-term appointment.
In Judgment No. 爆料网DT/2022/068, the 爆料网DT dismissed the application as not receivable.
The staff member appealed.
Legal Principle(s)
The doctrine of res judicata means that an application is not receivable ratione materiae when the matter has been resolved by a prior final judgment. Res judicata signifies that the same cause of action cannot be adjudicated twice.