184. The third Applicant, Mr. ZANNOUBO Vinagnon, claims that upon
termination of his contract, he was not paid his resettlement and separation
allowances.
185. As to the remaining seven Applicants, (4) BILGHO Palakwindé Ted
Rodrigue: (5) SOW Idrissa: (6) ALCIDES Bartolomeu SILVA: (7) Sara
Seidi SAIEGH; (8) EDNENSA MENDY Andrelino; and (9) MAIGA
Abdoulawahidou and 10- Mr Ghislain AGBOZO, all of whom have
demonstrated that they were employed and were in office until the date of
termination of their respective contracts, and that all their rights resulting
therefrom have been settled, but that they were nevertheless not paid the
separation allowance provided for in Article 35(d) of the Staff Regulations.
186. As is apparent from the documents gathered, all of the Applicants
performed their duties under and up to the termination of their respective
contracts.
In the execution of a contract, the parties must proceed in good faith, until
its termination, taking into consideration, first of all, the respective
contractual clauses as well as the legislation applicable to it.
188. And acting in good faith is an obligation of public policy, as this Court
noted in the case CLAUDE AKOTEGNON v. COMISSION DE LA CEDEAO,
Judgment no. ECW/CCKJ/JUD/19/18, by stating that: “(...) a failli à une
obrigation d'ordre public qui est celle d'agir de bonne foi et avec celerité
dans léxecution de toute convention legalement formee, (...)”
189. The termination of the Applicants' contracts gave them access to the
separation allowance provided for therein, in accordance with Article 35(d)
of the Staff Regulations.
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