51³Ô¹Ï

The Applicant claims that the Administration’s indication that she will only be entitled to be considered for her long service step increment in August 2028, instead of August 2026, contravenes the terms of the settlement agreement signed previously. The issues the Tribunal considered for the purpose of receivability were, therefore, whether the subject matter of the application was one of the terms of the Agreement and whether the Agreement had been implemented or not.

In the Tribunal’s view, the record did not allow to conclude that the deferment of eligibility for increment was a matter addressed in the Agreement. Indeed, said deferment was a part of the disciplinary decision that was not modified in any way by the Agreement. That aspect of the sanction remained all along as it was in the original decision.

With respect to implementation, the record shows that the one aspect of the sanction that was addressed in the Agreement was fully implemented by 28 September 2023.

As it follows, the application to enforce the Agreement was not receivable on two grounds: the subject matter of the application was not one of the terms of the settlement agreement in question; and the settlement agreement had already been implemented by the time the current application was filed.

In view of the foregoing, the Tribunal decided to reject the application as not receivable.