2020-��AT-1028

��AT Held or ��DT Pronouncements

Absent any evidence of any improper motive or irrational consideration, and given the bonafide and operational necessity to restructure, there was no basis to conclude that the ��RWA Commissioner-General acted unreasonably. ��AT dismissed the appeal and affirmed the ��RWA DT judgment.

Decision Contested or Judgment/Order Appealed

The staff member contested the non-renewal of his fixed-term appointment. ��DT held that, in the face of a financial crisis, it was within ��RWA Commissioner-General��s discretionary authority to restructure, abolish posts, create new posts and redeploy staff and that he had exercised his discretion reasonably in the circumstances.

Legal Principle(s)

A fixed-term appointment has no expectation of renewal or conversion to another type of appointment. An administrative decision not to renew a fixed-term appointment can be challenged on the grounds of legality, reasonableness, and procedural fairness. If an exercise of discretion by the ��RWA Commissioner-General is legal, rational, procedurally correct, and proportionate, there will be no basis for interference by ��AT.

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

El Najjar

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Case Number(s)

Tribunal

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Date of Judgement