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Non-renewal The Chief Administrative Officer¡¯s decision not to renew the Applicant¡¯s contract was arbitrarily taken. Downsizing In cases of downsizing, there is generally some established criteria put in place to ensure accountability and transparency of the process. In the present case, there was no evidence of such criteria and the Tribunal found that the Applicant was deliberately reassigned to another unit in order to make it possible for the downsizing axe to fall on him. Expectancy of renewal Applicant had a legitimate expectancy of renewal of contract considering that the Personnel...

Outcome: Judgment for the Applicant. The parties were ordered to attempt to resolve the issue of appropriate relief, failing which it would be considered by the ±¬ÁÏÍøDT. The ±¬ÁÏÍøDT found that the requirement to take a break in service was unlawful and did not reflect the true facts as no actual break in service or separation took place. The ±¬ÁÏÍøDT found that there was no legal requirement for the Applicant to be placed on appointment of limited duration between 5 and 30 June 2009, and the decision to give her an appointment of limited duration was manifestly unreasonable and therefore unlawful. The...