2020-惇蹋厙AT-1016

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT held that 惇蹋厙RWA DT exercised its discretion to consolidate the cases lawfully and appropriately. 惇蹋厙AT held that there was a bona fide reason to restructure and that it was operationally rational to abolish the posts and reclassify them from full-time to part-time posts at that time. 惇蹋厙AT held that the Appellants＊ contention that their acquired rights were violated had no merit. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙RWA DT judgment.

Decision Contested or Judgment/Order Appealed

惇蹋厙RWA DT consolidated a number of cases in which the staff members contested the decision not to renew their temporary indefinite appointments on a full-time basis due to lack of funding and to offer them new appointments on a part-time basis instead. 惇蹋厙RWA DT held that the contested decision was lawful, reasonable, and did not violate the staff members＊ acquired rights. 惇蹋厙RWA dismissed all the applications.

Legal Principle(s)

The overriding consideration on the consolidation of cases is convenience, expedience and judicial economy. Appointments carry no expectation of renewal or conversion to another type of appointment. If an exercise of discretion by 惇蹋厙RWA is legal, rational, procedurally correct, and proportional, there will be no basis for interference by 惇蹋厙AT.

Outcome

Appeal dismissed on merits

Outcome Extra Text

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

Abu Ata et al

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement