2020-Ģ��ƵAT-1018

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵRWA DT exercised its discretion lawfully to consolidate the cases. Ģ��ƵAT held that the impugned decisions were 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 the Limited Duration Contracts at the time. Ģ��ƵAT held that the Appellants' argument with regard to their acquired rights being violated was without merit. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT 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 Limited Duration Contracts on a full-time basis due to lack of funding and then to offer them new appointments on a part-time basis instead. Ģ��ƵRWA DT held that the decision was lawful, reasonable, and did not violate the staff members�� acquired rights. Ģ��ƵRWA DT dismissed the appeal.

Legal Principle(s)

The overriding consideration in the consolidation of cases is convenience, expedience and judicial economy. Fixed-term appointments or appointments of limited duration 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 was ordered.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/Appellants

Abu Ouda et al

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement