惇蹋厙DT/2024/104

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

The Tribunal noted the Applicant＊s persistence in raising previously rejected arguments.While no costs were awarded, the Tribunal warned the Applicant and his counsel against vexatious litigation, referencing similar cases and jurisprudence. The application was dismissed in its entirety as not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant, a former 惇蹋厙 staff member, filed a claim alleging negligence and breach of duty of care by 惇蹋厙 officials, particularly in relation to a 2017 incident involving an x-ray machine that allegedly led to the amputation of his right leg. He had previously suffered a leg injury during a 1996 惇蹋厙 mission in Angola.

Legal Principle(s)

Res Judicata: The Tribunal found the current application barred by the principle of res judicata as it raised the same issues already decided in 惇蹋厙DT/2023/025.

Receivability:The application was also found not receivable due to:

Failure to identify a proper administrative decision.
Failure to seek timely management evaluation (beyond the 60-day deadline under Staff Rule 11.2(c)).

Jurisdiction:The Tribunal reaffirmed that negligence is not a standalone cause of action under Article 2.1(a) of the 惇蹋厙DT Statute, citing the Appeals Tribunal decision in Nigam (2022-惇蹋厙AT-1269).

Outcome

Dismissed as not receivable

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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

Ishtiaq Aslam

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