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Estoppel - It was argued on behalf of the Respondent that the Applicant has waived or is estopped from enforcing his right to challenge the contested decision since at the Applicant’s request, the Administration in good faith deferred the effective date of termination of his appointment to enable him to acquire a pension benefit. Given the circumstances of this case, the Applicant had neither waived nor was he estopped from enforcing his rights to challenge the contested decision. The principles of waiver and estoppel will not apply in such a case to deny an Applicant from enforcing his legal...

Receivability What is the contested decision? The Tribunal found that the Applicant did not contest the decision to grant her a permanent appointment, as argued by the Respondent. Rather, the Applicant contested the decision not to “provide her with an effective remedy” after having been granted a permanent appointment with retroactive effect to 30 June 2009, namely not being given employment against the permanent appointment or, in the alternative, not being granted compensation equivalent to the termination indemnity. Does the principle of “res judicata” apply? The Applicant requests to be...