164. From the evidence offered and attached to the case-file, it is shown that
this Applicant began his duties on April 2, 2008 and that he was neither
dismissed nor did he resign until the date of the communication of the
termination of his contract (See Exhibit 3 a and b) which occurred on
December 12, 2013.
165. Therefore, this Applicant was in office for five (5) years and nine (09)
months, that is, for more than 4 years.
166. In view of these facts, the Court concludes that, in relation to the
aforementioned Applicant, the requirements demanded for access to the
resettlement allowance, contained in article 35, paragraph b) of the
Regulation, are, in this case, fulfilled.
167. This means that the Applicant ZANNOUBO Vinagnon is entitled to
receive the resettlement allowance claimed herein and that the non-payment
of this allowance to the Applicant is in violation of the aforementioned
Article 35(b) of the Regulations.
b. On the Separation Allowance
168. It is stated in Article 35 (c) and (d) of the Staff Regulations that:
(c) Statutory Appointees shall be entitled to a gratuity for each year of
service, at a rate to be determined by the Council of Ministers on the
recommendation of the Administration and Finance Commission.
The
payment shall be effected on separation from service.
(d) All staff members excluding Statutory Appointees shall be entitled to
one (1) month's salary for every year of service rendered to the community
up to a maximum of twelve (12) years upon separation.”
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