at its 11th Meeting, approved the recruitment of a Project
Accountant for
the lifespan of RISP.
It was, therefore, the
Respondent’s case that when the Council passed the above
decision, it expressly specified that the Project Accountant was
appointed for the duration of RISP. Counsel for the Respondent
averred that job advertisement (REF: EAC/HR/07-08/028 Project Accountant) clearly stated that the Project Accountant’s
position fell in the project category in the strict line of the above
Council’s decision.
Counsel for the Respondent argued that, when the Council
appointed the Claimant to the position of Project Accountant at
its 16th Meeting held on 13th September, 2008, it knew that the
position was not among the established positions approved in
2006. He therefore submitted that it is unfair to allege that the
Respondent acted ultra vires his powers and contrary to the Staff
Rules and Regulations while implementing the Council’s decision.
It is Counsel’s further submission that in his capacity of Principal
Executive Officer of the Community and in accordance with
Article 71(l) of the Treaty, the Respondent exercised powers
conferred on him in recruiting the Claimant to the Project
Accountant’s position funded by RISP and governed by a
Cooperation Agreement.
The Court was afterwards referred to
several similar decisions taken by the Council, but we do not
deem it necessary to reproduce them.
Counsel for the Respondent also argued that the Claimant was
even given a chance to consider the terms and conditions of her
CLAIM NO.1 OF 2012
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