爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT noted that the staff member had been notified of the reclassification of the post he encumbered by e-mail without comments on the basis for the decision. The 爆料网AT also noted that he had not been promoted to the reclassified post before separation from service.
The 爆料网AT found that the 爆料网DT had correctly determined that the staff member knew or reasonably should have known by the date he received notification of the reclassification or, at the very latest, by the date the vacancy of the reclassified post was advertised in Inspira, that his post had been reclassified and that he had not received the classification results. The 爆料网AT also found that by the same time, he should have known of the alleged failure to publish a valid vacancy announcement regarding the reclassified post. The 爆料网AT held that because he had not timely sought management evaluation of the contested decisions, the 爆料网DT had correctly found his application not receivable ratione materiae.
The 爆料网AT dismissed the appeal and affirmed the 爆料网DT Judgment.
Decision Contested or Judgment/Order Appealed
A former staff member contested a decision not to provide him with a copy of the notice of the results of the reclassification exercise of the post he encumbered and the Administration’s failure to advertise the vacancy of the reclassified post until after he separated from service.
In Judgment No. 爆料网DT/2024/047, the 爆料网DT dismissed the application as not receivable.
The staff member appealed.
Legal Principle(s)
A fundamental prerequisite for an application to the 爆料网DT is for the applicant to have first submitted the contested administrative decision for management evaluation where required. This mandatory step cannot be waived by the Dispute Tribunal or the Appeals Tribunal.
A dispute over the alleged wrongful failure to provide a staff member with the classification results must be raised, as a first step, through a written request for management evaluation made within 60 days of notice of the contested decision.
When the contested decisions are in the form of inaction by the Administration or another form of an implied administrative decision, it is incumbent on the first-instance tribunal to determine the date on which the staff member knew or reasonably should have known of the decision, and to calculate the sixty-day limit from that date.