Judgment No. 953
THE COMPLAINT IS DISMISSED.
Consideration 2, Summary
The complainant was promoted from grade A.2 to grade A.3 as from 1 March 1987. He submits that the promotion should have taken effect as from 1 August 1985, the date by which his credited experience had come to eight years, in accordance with point ii.2 of Circular 144. However, as required by Article 49 of the EPO Service Regulations, the complainant also had to have at least two years' service in his grade in the office in order to qualify for promotion. As the complainant did not meet the latter requirement until 1 March 1987, the Tribunal held that the impugned decision was correct.
Organization rules reference: ARTICLE 49.7 OF EPO SERVICE REGULATIONS; POINT II.2 OF EPO CIRCULAR 144 OF 2 SEPTEMBER 1985
effective date; grade; promotion; professional experience; seniority; condition; date
"The organisation has not discriminated against the complainant. Appointment is different from promotion and different rules may apply in determining the step due on appointment and the step due on promotion."
equal treatment; step; promotion; professional experience; reckoning; seniority; appointment; difference