164. From the evidence offered and attached to the case-file, it is shown that this Applicant began his duties on April 2, 2008 and that he was neither dismissed nor did he resign until the date of the communication of the termination of his contract (See Exhibit 3 a and b) which occurred on December 12, 2013. 165. Therefore, this Applicant was in office for five (5) years and nine (09) months, that is, for more than 4 years. 166. In view of these facts, the Court concludes that, in relation to the aforementioned Applicant, the requirements demanded for access to the resettlement allowance, contained in article 35, paragraph b) of the Regulation, are, in this case, fulfilled. 167. This means that the Applicant ZANNOUBO Vinagnon is entitled to receive the resettlement allowance claimed herein and that the non-payment of this allowance to the Applicant is in violation of the aforementioned Article 35(b) of the Regulations. b. On the Separation Allowance 168. It is stated in Article 35 (c) and (d) of the Staff Regulations that: (c) Statutory Appointees shall be entitled to a gratuity for each year of service, at a rate to be determined by the Council of Ministers on the recommendation of the Administration and Finance Commission. The payment shall be effected on separation from service. (d) All staff members excluding Statutory Appointees shall be entitled to one (1) month's salary for every year of service rendered to the community up to a maximum of twelve (12) years upon separation.” 31

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