����AV

Pursuant to staff rule 3.17(ii), the Applicant was required to make a written claim to receive retroactive SPA “within one year following the date on which [she] would have been entitled to the initial payment”. This request should have been made within one year of 1 December 2009, that is, by or before 1 December 2010. However, it was only on 5 September 2011 that the Applicant wrote an interoffice memorandum requesting an extension of her SPA at the P-2 level from 1 December 2009 to the then-present time to account for the additional functions that she had been performing. The Applicant submitted the claim outside the statutory timeline and is clearly out of time. Section 7.3 requires that for SPA to be extended by the department or office without reference to the SPA panel, the supervisor must certify that the staff member continued to satisfactorily perform the full functions of the higher-level post. The evidence tendered to the Tribunal by the Applicant’s supervisors does not support the Applicant’s contentions that she was asked to perform higher level functions. The Applicant has not tendered any documentation nor is there any paper trail to justify such a claim and payment.