In this regard, Counsel for the Respondent invited the Court to
apply
the
above
Rules
and
Regulations
as
well
as
the
aforementioned authorities.
With due respect to Counsel, we find that the said Rules and
Regulations are not best practices applicable to any international
organizations. As for the authorities, we did not find them
relevant to this Claim.
Finally, Counsel for the Respondent invited the Court to answer
Issue No.2 in the negative.
VIII. DECISION ON THE ISSUE NO.2
We have seen elsewhere above that both Parties are in full
agreement that the Staff Rules and Regulations (2006), Council
directives, decisions, recommendations and opinions will apply
mutatis mutandis to this instant Claim. In this regard and for a
gradual analysis of a set of facts within the sub-judice Claim, it is
important to examine this case from the first step related to the
job advertisement to the last phase of signing the employment
contract by the Claimant.
Firstly, it cannot be gainsaid by any Party to this Claim that
either the Statement of Claim filed before this Court on 27 th
September, 2012 or the Respondent’s Statement of defense to the
Claim lodged in the Court on 18th 0ctober, 2012 contain an
identical job advertisement to wit: [REF: EAC/HR/07-08, 028] –
PROJECT
ACCOUNTANT
advertisement
would
(1
have
POST).
Nothing
suggested
that
in
the
this
job
Project
Accountant’s position was governed by the RISP agreement.
CLAIM NO.1 OF 2012
Page 15