respect of 7% salary increase for thirty-two (32) months;
2.
LTA-Mali S.A. was to pay the workers a performance bonus for
2011, in accordance with the provisions of Article 8 of the
Geological and Aquatic Institutions Collective Agreement.
10. The Arbitration Council ordered the suspension of the arrest warrant issued
by the Malian judiciary in respect of the fourteen (14) trade union leaders.
11. By a letter received at the secretariat of the Arbitration Council on 1
February 2013, LTA-Mali S.A. objected to the implementation of the
Arbitration Council’s Decision No. 001/C.A of 7 January 2013.
12. Subsequently, a group of workers comprising Ismaila TRAORÉ and twelve
(12) other workers, filed a lawsuit against LTA-Mali S.A. before the Kayes
Labour Court seeking an enforcement order in respect of the Arbitration
Council’s decision. The said court in its Ruling No. 015 of 24 June 2013
dismissed their request for entitlements and damages for lack of jurisdiction.
13. By letter No. 0039/MTASH/CAB dated 28 January 2014, the Minister of
Labour and Social Affairs and Humanitarian Affairs of the Respondent State
directed LTA-Mali SA to duly enforce Decision No. 001 of the Arbitration
Council, but to no avail.
14. On 25 March 2014, FENAME filed a lawsuit against LTA-Mali S.A. seeking
the enforcement of the Arbitration Council’s award decision and on 2 June
2014 the Court rendered a ruling declining jurisdiction due to the collective
nature of the dispute, on the one hand, and due to the fact that the objection
to implementation filed on 1 February 2013 by LTA-Mali S.A. rendered the
award null and void, on the other hand.
15. On 30 June 2014, the beneficiary workers of the arbitration award, through
their trade union, the CSTM, by letter No.
14/00108 / CEN-CSTM,
requested the Minister of Labour, Public Employment and Institutional
4