However, the refusal resolution took more than six months to arrive the worker formalize his request in March 2011, FOGASA did not respond until July of the same year and the notification arrive in September 2011 , so that the High Court considere the application of positive administrative silence in favor of the worker and annulle the previous sentences the plaintiff had previously appeale to the Labor Court.

That Must Be Respecte

This sentence has been key for the magistrates to unify their doctrine since, until its publication, the rulings had been characterize Namibia Mobile Database as contradictory. In fact, one of the most relevant conclusions drawn from it, which can be extrapolate to cases relate to FOGASA and before other instances, is that administrative silence operates both in cases of non existence of a response.

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Claim Them Through the Courts

The Administration and when a resolution, beyond its meaning, has been reache within the period in which positive silence already WS Phone List takes effect. In relation to the last case, a denial resolution after the three month period would have no effect. Article 43.3 and 4 of the LRJPAC support this position. Therefore, if the term set by law to respond to these requests is exceee, they must be estimate by positive silence.

 

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