63. The Court emphasises that these proceedings, which began with a referral to
the Kita Court of First Instance, relate to two hundred and seventy-nine (279)
Claimants, sought to determine whether their dismissal following a strike was
lawful and to examine subsequent claims. In addition, a number of incidental
claims, including procedural objections, were raised at first instance. These
two factors illustrate the complexity of the procedure before the domestic
courts.
64. Furthermore, the Applicants do not show that there was any delay attributable
to their former employer or to the judicial authorities during the various
domestic proceedings.
65. With regard to the second issue, which is the period of two (2) years that
elapsed between the referral judgment of the High Court and the judgment of
the Bamako Court of Appeal, the Court notes that the opposing party, namely
the former employer, had filed an application seeking to quash the judgment
of the Supreme Court. It was on these grounds that the Court of Appeal
ordered a stay of proceedings, at the request of BCM- The Supreme Court
handed down its decision on the stay of proceedings on 27 June 2016. The
Court considers that the existence of this procedure, which justified the stay of
proceedings, had an impact on the duration of the proceedings before the
Bamako Court of Appeal.
66. Thirdly, with regard to the proceedings staying execution which were pending
at the time of filing the present Application, the Court notes that the judgment
against which it was brought, namely the second judgment of the Supreme
Court, was delivered on 17 April 2018.
67. The Court also notes that the motion for stay of proceedings was filed on 11
May 2018, that is, 24 days after the judgment to which it related. In addition,
the Applicants paid the required fee and filed their pleadings on 6 August 2018,
16
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