4.
According to the Applicants, while other employees had their contracts
expressly renewed upon expiry, on 19 July 2010, the Applicants received
notification of their dismissal without cause or prior notice.
5.
On 23 May 2011, the Applicants brought an action before the Labour Court
of Bamako against the ALS-Mali Laboratories Group and ETS KLENE with
the intent not only to claim their rights and seek damages for the prejudices
suffered, but also, to obtain the payment of workers’ benefits.
6.
On 14 November 2011, the Bamako Labour Court dismissed the Applicants
claims on the grounds, firstly, that Article L20 of the Labour Code cannot
apply to seasonal workers hired for the duration of an agricultural,
commercial, industrial or artisanal season and, secondly, that the refusal on
the part of the employer to renew the previous contract cannot in this case
amount to unfair dismissal.
7.
On 6 June 2012, the Applicants appealed to the Social Chamber of the
Bamako Court of Appeal which, by Judgment No. 55 of 21 March 2013,
upheld the Labour Court’s judgment in its entirety.
8.
On 10 August 2013, the Applicants lodged an appeal before the Social
Chamber of the Supreme Court of Mali which was dismissed by judgment
No. 38 of 15 November 2016.
B. Alleged violations
9.
The Applicants allege violation of their right to a fair trial guaranteed by
Articles 7(1) and 26 of the Charter as well as Articles 2(3) and 14 of the
International Covenant on Civil and Political Rights (hereinafter referred to
as the “ICCPR”) as they were not accorded a fair treatment before the law.
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