i.
Violation of the right to seize domestic courts
39. The Applicants submit that following a strike staged after BCM’s refusal to
implement the terms agreed on 4 July 2012, they were dismissed on 15 August
2012 upon authorisation by the Kayes Regional Director of Labour. They
further submit that this authorisation was revoked by the National Labour
Directorate, which should have led to their reinstatement.
40. They underscore that as they were not reinstated, they filed a case before the
Kita Court of First Instance for wrongful dismissal and requested the payment
of various sums as damages and interest. By judgment No. 04 of 5 June 2013
(hereinafter “the judgment of the Kita Court”), the Kita Court of First Instance
ruled the dismissal unlawful and ordered BCM to pay the total sum of Eight
Billion (8,000,000,000) CFA Francs.
41. The Applicants further state that this ruling was overturned by Judgment No.
23 of 12 December 2013 of the Kayes Court of Appeal. Following a cassation
appeal against the said judgment, the Supreme Court, by Judgment No. 32 of
10 December 2014 (hereinafter referred to as the “first judgment of the
Supreme Court” or the “Cassation judgment with referral”), set aside the
judgment and referred the case and the parties to the Bamako Court of Appeal.
42. They aver that while the case was pending before the said court, BCM filed a
motion seeking to revoke the first judgment of the Supreme Court. This appeal
was dismissed on 27 June 2016, thereby allowing the Bamako Court of Appeal
to continue hearing the case.
43. The Applicants further note that pursuant to judgment No. 100 of 31 August
2017 (hereinafter referred to as “judgment of the Bamako Court of Appeal”),
the said Court awarded each of the workers the sum of Twenty Million
(20,000,000) CFA francs as damages.
11
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