203. The Applicant concerned has enclosed the document (Exhibit 2c) which
states that on 1st February 2012 the payment of his benefits was ordered in
respect of his initial contract which ran from 3rd September 2004 to 31st
December 2011.
At that time the 12.5% of his annual base salary
corresponding to the period of 7 years and three months, which lasted the
initial contract, was settled and paid.
204. He claims he was not paid the same allowance corresponding to the
extension period from 1st January to 31st December, 2012.
205. Article 62(c) of the Staff Regulations provides that: “A contract staff
member shall be paid a gratuity of 12.5% of his/her basic annual salary for
each year of service at the time of separation from service.”
206. Therefore, upon the definitive termination of his contract, the Applicant
was owed the aforementioned separation allowance, for the period of one
year during the extension, in accordance with both Clause 5 d) of the
concluded contract and Article 62 c) of the Staff Regulations.
207. Thus, the same conclusion is reached by this Court with respect to the
non-payment of this separation allowance of “12.5% of annual basic salary
for each year of service as gratuity” claimed by Mr. SOGOYOU Cossi, for
the year of extension of his contract, insofar as such refusal of payment
violates clause 5 d) of the contract and Article 62 c) of the Staff Regulations
and no basis was found which could legitimately justify the refusal to pay
such benefit to the concerned Applicant.
Accrued leave
208.The Applicant Mr. Ghislain AGBOZO claimed that there was an error
in the calculation of his accrued leave and that despite his complaint this
error was not corrected.
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