Summary
An advertisement requiring five years’ post-qualification experience as Company Secretary required actual appointment and work in that capacity. Performing some similar duties as a Management Trainee or Assistant Company Secretary did not satisfy that condition. Since the appellant lacked the prescribed experience on the cutoff date, termination of her appointment was upheld.
Issues
- Whether experience as Management Trainee or Assistant Company Secretary satisfied the advertised requirement of five years as Company Secretary.
Held
- The advertised words required holding the responsible position of Company Secretary and discharging its statutory functions. Treating performance of some similar duties as sufficient would alter the stated eligibility criterion. (¶¶ 7.2–7.4, 7.6)
- The recruitment authority’s stated intention accorded with the clear wording. Excluding the Management Trainee period left the appellant without the required experience; her work as Management Trainee or Assistant Company Secretary did not establish five years in the prescribed capacity. (¶ 7.2–7.4)
- The precedent concerning teaching experience as an ex-officio Associate Professor depended on different service rules and facts. It did not justify counting the appellant’s trainee experience under this advertisement. (¶ 7.5–7.6)
- The appellant did not fulfil the five-year post-qualification experience requirement as at 30 November 2013. The employer’s termination and the High Court’s refusal to interfere were upheld. (¶ 8–9)
Result
Appeal dismissed; termination upheld. No costs.