law provided him the option to do so.*! The Applicant's allegations are therefore
unfounded.
73.Accordingly,
the Court
finds that Article 7(1)(d)
of the Charter
has
not been
violated.
B.
Alleged violation of the right to equal protection of the law and equality
before the law
74. The Applicant alleges that his designation as a "contracted staff" by the Supreme
Court,
different
constitutes
from
that
granted
a discriminatory
to
other
officials
differential treatment
in
the
same
situation,
that violates the principle
of
equality before the law.
75. The Applicant further submits that, the fact that the Supreme Court found the
dismissal
unlawful
without
ordering
its
annulment
and
his
reinstatement,
constitutes a breach of equality before the law since the same court had, in two
(2)
previous
cases,
ordered
the
reinstatement
of two
(2)
employees
of the
company together with the payment of wages accruing to them. According to the
Applicant,
without
providing
sufficient justification as to why
treated in the same way, the Supreme
his case was
not
Court failed to respect the prohibition of
any form of discrimination before the law.
Hike
76,
The Court notes that Article 3 of the Charter guarantees the right to equality before
the law and equal protection of the law in the following terms: '"1..Every individual
shall
be
equal
before
the
law.
2.
Every
individual
shall
be
entitled
to equal
protection of the law.”
31 See Law No. 21/2012 of 14/6/ 2012 on the Code of Civil, Commercial, Social and Administrative
Procedure. Articles 99-105 (repealed in 2018 and replaced by Law No. 22/2008 of 29/4/2018 on the Code
of Civil, Commercial,
Social and Administrative Procedure; see Articles 103-109 available in the
legislative database of the International Labor Organization
https:/Avww.ilo.org/dyn/natlex/natlex4.detail?p_isn=94327&p_lang=en (accessed on 13/6/ 2020
19