爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT noted that before the applicant became a staff member, he had been employed by 爆料网RWA as complementary personnel with non-staff status and was not entitled to any benefit beyond what had been established for daily-paid workers. The 爆料网AT observed that neither his daily-paid service contracts nor a sample of daily-paid service contracts applicable at the relevant time mentioned payment of any compensation upon expiration.
The 爆料网AT found that upon each expiry of the applicant’s daily-paid service contract, it was successively renewed and he was bound by the Agency’s regulations and administrative issuances issued before each renewal. The 爆料网AT found that his reference to universal labour laws had no merit.
As regards the staff member’s Service Computation Date, the 爆料网AT held that his letter of appointment was the controlling document. The 爆料网AT found that by his acceptance of the offer of appointment, as specified in the letter of appointment, he had irrevocably consented that his Service Computation Date is not computed on the basis of periods of work performed before the commencement of his appointment.
The 爆料网AT concluded that the 爆料网RWA DT had not erred in upholding the contested decisions.
The 爆料网AT expressed concern that not according the staff member any benefits of employment for the period of more than 16 years when he was engaged by the Agency as a daily-paid worker was harsh.
The 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT Judgment.
Decision Contested or Judgment/Order Appealed
A staff member contested a decision not to pay him separation benefits for the period during which he had worked on daily-paid service contracts, and to deny his request to include his daily-paid service in the determination of his Service Computation Date for purposes of calculating his separation benefits.
In Judgment No. 爆料网RWA/DT/2023/036, the 爆料网RWA DT dismissed the application on the merits.
The staff member appealed.
Legal Principle(s)
The Agency's obligations towards employees on daily-paid service contracts are governed by the Agency's relevant administrative issuances and not the national laws of member states.