2020-Ģ��ƵAT-1046

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that, although no performance evaluation process was legally required for termination, an appropriate procedure should have been followed. Ģ��ƵAT held that Ģ��ƵRWA failed to indicate that the contract would be terminated before its expiration date if the staff member did not improve his performance, and the lack of fair warning rendered the decision to terminate unlawfully. Ģ��ƵAT granted the appeal in part, rescinded the termination decision, and ordered reinstatement, with an in-lieu compensation of two months�� net base salary.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to terminate his limited-duration contract for poor performance. Ģ��ƵRWA DT decided that Ģ��ƵRWA had acted in accordance with the regulatory framework and had established an adequate basis for the termination decision.

Legal Principle(s)

The Ģ��ƵRWA Commissioner-General has broad discretion to terminate a limited-duration contract in the interest of Ģ��ƵRWA before its expiration date. Ģ��ƵRWA must act in good faith and its decision must not be arbitrary or motivated by factors inconsistent with proper administration.

Outcome

Appeal granted in part

Outcome Extra Text

Reinstatement or financial compensation; Reinstatement or financial compensation

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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

Ashhab

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement