- GHISLAIN AGBOZO, corresponding to the period of four (4)
years and seven (7) months he was in the Defendant's service, in the
aggregate amount of FCFA 7,376,258.17;
3. The separation allowance of 12.5% of his annual base salary, to
Applicant SOGOYOU Cossi for the period of one year during the
extension of his contract, in the amount of FCFA 2,868,105
The Court found that by failing to pay such benefits, the Defendant
violated articles 35 b) and d) and 62 c) of the Staff Regulations.
On the claimed damages
222. The Applicants claim that the delay in the payments of their benefits
has caused them enormous losses, and they are therefore entitled to
compensation and grounds for claiming default interest.
223. They maintained that the Applicants, former retired employees, had
planned, once the gratuities were paid on time, to invest in banks to obtain
financial interest at the legal rates.
224. That similarly the Applicants, former employees of the ECOWAS Court
of Justice have suffered losses, due to the delay in payment and seek redress.
225. That the Applicants are well grounded in claiming default interest.
226. That such damages open up the right to payment of compensation.
227. The Court concluded that the failure to pay the claimed allowances, for
years, is attributable to the Contractor who must assume its responsibility.
228. That by choosing not to pay the allowances due, the ECOWAS
Commission has committed a fault which has made the financial situation of
the Applicants more vulnerable with regard to their family responsibilities
and the situation of some, already retired.
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