51³Ô¹Ï

He filed his request for administrative review on 2 December 2008 and his application before the Tribunal on 13 January 2010. The Tribunal found that the Applicant was first informed of the contested decision, in writing, on 5 February 2008, and that he also received written reiterations of the same decision in March and April 2008. The Tribunal found that the Applicant failed to request administrative review of the decision not to renew his contract within the applicable time limit and that the Tribunal was proscribed, under Costa 2010-UNAT-036, from waiving it. The Tribunal found that, even if it had the power to waive this deadline, the Applicant failed to demonstrate that this was an exceptional case warranting a waiver. The Tribunal further found that, even if the Applicant’s request for administrative review had been filed timeously, the application would still not have been receivable due to his failure to file an appeal with the Joint Appeals Board (prior to 1 July 2009) or a timeous application with the Dispute Tribunal (after 1 July 2009), or to demonstrate exceptional circumstances such as to warrant a waiver of the applicable time limits. Outcome: The application was rejected as not receivable.