2020-UNAT-1017, Salhi et al
As a preliminary matter, UNAT held that UNRWA DT exercised its discretion in consolidating the cases lawfully and appropriately. UNAT held the impugned decision was taken in good faith and on a reasonable basis. UNAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew certain fixed-term appointments on a full-time basis but to reclassify them to part-time appointments. UNAT held that the Appellants’ claim that their acquired rights were violated was without merit. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.
UNRWA DT consolidated a number of cases in which the staff members contested the decision not to renew their fixed-term appointments on a full-time basis due to lack of funding and to offer them new appointments on a part-time basis instead. UNRWA DT held that all the applications (except two) 2020-were receivable, but the applications were dismissed on the merits. UNRWA DT held that the contested decision was lawful, reasonable, and did not violate the staff members’ acquired rights.
The overriding consideration on the consolidation of cases is convenience, expedience and judicial economy. Fixed-term appointments carry no expectation of renewal or conversion to another type of appointment. If an exercise of discretion by UNRWA is legal, rational, procedurally correct and proportional, there will be no basis for interference by UNAT.
No relief ordered; No relief ordered.