Judgment No. 2086
Decision
THE COMPLAINT IS DISMISSED.
Consideration 4
Extract:
In order to be awarded a personal promotion the complainant must have completed 18 years of continuous service under a fixed-term or permanent contract. "The [organisation] is arguing that [...] in determining whether the complainant fulfilled [such a] requirement [...] reference must be made to clauses of the contracts which came into force unopposed, [including] short-term contracts [...] The approach is too rigid [...] The issue was [not] one of applying or interpreting the complainant's early appointments [...] It is a matter of applying a rule which is currently in force and which concerns the legal nature of former contractual relationships between the parties. In other words, in the light of the current rule, what type of appointment did the early contracts establish? It should be noted that the name they were given will not necessarily express the actual relationship".
Keywords
effective date; applicable law; enforcement; interpretation; provision; personal promotion; reckoning; contract; fixed-term; permanent appointment; short-term; working hours; condition; criteria; definition
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