At this point the Court notes that the Staff Rules and Regulations deems
dismissal, among others, as a disciplinary measure for serious offences
pursuant to Article 10 (1) and that Article 11 makes room for any staff
member in this predicament to be heard. Article 11 (2) specifically states
that a staff member can appeal to the ECOWAS Court for measures taken
by the Respondent where there is an allegation of non-compliance with
service conditions or question a disciplinary measure.
The Applicant, by way of memo dated 30th August, 2016 requested for a
mediator in accordance with Article 77 of the Staff Regulations. The
Respondent’s Staff Rules and Regulations specifically Article 76 states that
one of the principles guiding an appeal is access to mediation at any
moment. The Court notes that the Respondent failed to comply with its own
Staff Regulations in its response dated 2nd September, 2016. The same
read thus:
“Referring to Article 77 of the Staff Rules and Regulations, senior
management in consultation with staff representatives designated a staff
member to mediate in the conflict resolutions. This designation could not be
effected since the adoption of the Staff Rules and Regulations, the true
reflections for this purpose have in particular not been able to succeed up
to this moment. Your memorandum has the advantage to challenge us on
the question to any arrangements to be taken.”
The Court finds this response from the Respondent is ambiguous and that
it failed to comply with the provisions of the Staff Rules and Regulations at
the time management of the Bank terminated the appointment of the
Applicant. The Applicant submitted that his solicitors wrote a letter (Exhibit
18) to the Respondent stating that they had failed to accord him the
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