Legal Consultation Required for Job Misclassification
Budget: $30 – $250 USD
I am writing to seek legal clarification regarding the appropriate type of legal action to pursue in the following matter:
A ministerial decision was issued on 1 February 2021, appointing me to the position of "Assistant Expert (A)" with 4 increments, which corresponds to 6 years of experience. However, I possess a total of 7 years of actual post-degree professional experience, all of which were properly documented and submitted with my employment file prior to the issuance of the decision.
Despite submitting all supporting documents, the administrative authority overlooked one full year of experience, resulting in an incorrect job classification. Furthermore, the legal deadline (60 days) to challenge the administrative decision has passed.
Accordingly, I kindly request clarification on the proper legal route in this case:
* Should I file a claim to annul the administrative decision, even though the deadline has passed?
Or
* Should I pursue a claim for rectification (settlement) or entitlement, based on the existence of a material administrative error?
Additionally, does this situation qualify as a gross material error that would allow for corrective legal action despite the expiration of the legal deadline?
Your guidance on the correct legal classification of this matter would be highly appreciated.
A ministerial decision was issued on 1 February 2021, appointing me to the position of "Assistant Expert (A)" with 4 increments, which corresponds to 6 years of experience. However, I possess a total of 7 years of actual post-degree professional experience, all of which were properly documented and submitted with my employment file prior to the issuance of the decision.
Despite submitting all supporting documents, the administrative authority overlooked one full year of experience, resulting in an incorrect job classification. Furthermore, the legal deadline (60 days) to challenge the administrative decision has passed.
Accordingly, I kindly request clarification on the proper legal route in this case:
* Should I file a claim to annul the administrative decision, even though the deadline has passed?
Or
* Should I pursue a claim for rectification (settlement) or entitlement, based on the existence of a material administrative error?
Additionally, does this situation qualify as a gross material error that would allow for corrective legal action despite the expiration of the legal deadline?
Your guidance on the correct legal classification of this matter would be highly appreciated.
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