“All Professional Staff shall be appointed on a five year
contract,
which
may,
subject
to
satisfactory
performance, be renewed once by the Council.”
He consequently urged the Court to answer issue No.3 in the
affirmative.
Council for the Respondent, on his part, contended that the
Claimant’s case was flimsy and the evidence provided was
inadequate to enable the Court to rule against the Respondent.
It was his submission that the Claimant was employed as a
Project Accountant; a position which was not listed as an
established position as per EAC Staff Rules and Regulations,
2006.
Learned Counsel averred that project positions are funded by
various
EAC
Development
Partners
governed
by
different
Cooperation Agreements concluded between EAC and such other
Partners.
He further argued that for officers working under projects, their
terms and conditions of work as well as the duration of their
contracts are governed by Cooperation Agreements between EAC
and Development Partners, and that this is clearly indicated on
paragraph
1
of
the
notification
letter
of
the
Claimant’s
appointment as reproduced elsewhere in this judgment.
According to Mr. Agaba, Counsel for the Respondent, there was
no misrepresentation or fraudulent intent from the Respondent
and, therefore, Counsel submitted that it would be illogical to
conclude that the Claimant was entitled to a five-year contract as
CLAIM NO.1 OF 2012
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