48. The Respondent State also contends that the Applicants’ reluctance to
challenge the decisions6 of the Regional Director of Labour Office in Kayes
before domestic administrative courts proves beyond doubt that they did not
exhaust all local remedies available to them before seizing this Court.
49. The Respondent State further avers that all cases brought so far before
domestic courts have been tried without undue delay. All cases filed since
2013 have been decided within two (2) years or less. However, most of the
said proceedings have ended at the level of first instance only. The case
brought by Ismaila TRAORÉ and others before the Kayes Labour Court in
2013 was decided by Judgment No. 15 delivered on 24 June 2013. The
second case, which was brought by FENAME before the Bamako Labour
Court, was initiated on 25 March 2014 and was decided by the said court
by Judgment No. 154 of 2 June 2014.
50. The third case, filed by Mamadou DABO and twenty-five (25) others before
the Civil Court of Bamako Commune II, commenced on 1 November 2016
and was decided by the said court by Judgment No. 145 of 5 April 2017.
The fourth application was filed on 10 January 2018 before the President of
the Labour Court of Bamako by Mamadou DABO and twenty-five (25)
others seeking an enforcement order in respect of the Arbitration Council’s
award decision. The President of the Court ruled on the matter by
dismissing the application on 22 January 2018, only a few days after it was
filed.
51. The Respondent State argues that the trade union leaders, who claim to
have been unjustly dismissed, have not brought any case for the purpose
of proving their claims of arbitrary dismissal and seeking reinstatement into
their company in accordance with the provisions of Article L 2777 of the
6 Reference No. 0263/DRT-K of July 13, 2012 and 0348/DRT-K of 24 August 2012
7 Article L.277: The authorisation of the labour inspector is required before any dismissal of a staff
delegate, permanent or substitute, envisaged by the employer or his representative.
The employer and the staff representative concerned must be notified of the authorisation of dismissal,
or the refusal of such authorisation.
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