Resigning Employee's Right to Unlawful Benefit Equality Denied

An employee who resigned should benefit from the principle prohibiting equality in illegality when only one of their colleagues received a full vested benefit contrary to the regulations, because denying the benefit to the resigning employee based on the unauthorized payment to the colleague would improperly equalize two distinct legal situations, as the resignation itself was a voluntary act severing the employment relationship, and the proper remedy for the irregularity concerning the other colleague is to demand repayment, not to grant an unwarranted benefit to the former employee.