209. It must be examined whether it has been shown that there was error in
the calculation of accrued leave, as alleged by the concerned Applicant.
210. He held that the salary corresponding to his accrued leave days are
sixty-nine (69) working days, which correspond to 90 days of annual leave,
instead of the sixty and five (65) working days used in the calculation of
the entitlement by the ECOWAS administration as shown in Exhibit No. 10b paragraph A);
211. That the 90 days of annual leave earns him 5,931 AU instead of
3,558.60 AU for the 65 days of work withheld by the Chief Accountant in
violation of his rights;
212. Article 38 (a) of the Staff Regulations Provides that: “Staff members
accrue annual leave at the rate of thirty (30) working days per year of active
service.”
213. And paragraph (d) of the same article states that: “A maximum of 90
working days of unused annual leave may be carried over from one leaveyear to the next. Any excess will be deducted at the end of the leave-year
without compensation.
214. In turn, it is stated in Article 62 a) of the same Staff Regulations that:
“A staff member who, at the time of separation from service has accrued
annual leave, shall, in accordance with the provisions of Article 38 of these
Regulations, be paid in lieu thereof, a sum of money equal to his/her salary
or wages for the period of such accrued leave up to a maximum of ninety
(90) working days.”
215. In the instant case, Applicant Ghislain AGBOZO, merely claims that
there was an error in the calculation of his accrued leave, claiming that it
should be computed at its maximum legal limit.
40