2020-Ģ��ƵAT-1017

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

As a preliminary matter, Ģ��ƵAT held that Ģ��ƵRWA DT exercised its discretion in consolidating the cases lawfully and appropriately. Ģ��ƵAT held the impugned decision was taken in good faith and on a reasonable basis. Ģ��ƵAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew certain fixed-term appointments on a full-time basis but to reclassify them to part-time appointments. Ģ��ƵAT held that the Appellants�� claim that their acquired rights were violated was without merit. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

Ģ��ƵRWA DT consolidated a number of cases in which the staff members contested the decision not to renew their fixed-term appointments on a full-time basis due to lack of funding and to offer them new appointments on a part-time basis instead. Ģ��ƵRWA DT held that all the applications (except two) 2020-were receivable, but the applications were dismissed on the merits. Ģ��ƵRWA DT held that the contested decision was lawful, reasonable, and did not violate the staff members�� acquired rights.

Legal Principle(s)

The overriding consideration on the consolidation of cases is convenience, expedience and judicial economy. Fixed-term appointments carry no expectation of renewal or conversion to another type of appointment. If an exercise of discretion by Ģ��ƵRWA is legal, rational, procedurally correct and proportional, there will be no basis for interference by Ģ��ƵAT.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Salhi et al

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement