Minister of State for Legal Affairs Fayyad Al-Qudah said on Tuesday that terminating the services of employees who have completed the conditions for obtaining early retirement will not be “arbitrary” by the competent authority, according to Article (100) of the Public Sector Human Resources Management System.
In response to a question about the fate of employees referred to retirement according to the previous decision, the judges confirmed that the new decision will not apply to people who were referred to early retirement before the decision came into effect, saying, “The case will be dealt with at the time the decision is issued.”
The judges explained that there are restricted and unrestricted powers for the competent authority, indicating that there are mandatory references that the competent authority must follow in order to make the decision in the restricted powers, while in the unrestricted powers matters are left to the discretion of the competent authority according to the circumstances of each case.
The judges stated that an employee who is referred to retirement can appeal the decision in the Administrative Court if he believes there is arbitrariness in the decision, noting that the court’s decisions can reinstate the employee to his job, whatever his position, if it believes there is arbitrariness.
He continued, “Any person who makes a decision may have a flawed decision, or he may not, but we only assume the validity of the administrative decision, and whoever claims otherwise must prove it.”
Regarding employees with fixed-term contracts, the judges explained that people who perform their work well and carry out their duties without any problems will have their contracts renewed.