Labour Code. On the contrary, they preferred to submit claims for payment
of sums of money and sought a court decision making the decision of the
Arbitration Council enforceable.
52. Finally, the Respondent State affirms that the voluntary reluctance of the
Applicants to take any legal action before the national judicial bodies
responsible for administrative disputes against the decisions 8 of the
Regional Director of Labour in Kayes confirms without any doubt that all
local remedies available to them were not exhausted before seizing this
Court.
**
53. In response, the Applicants submit that, local remedies are unavailable and
ineffective since at the time of initiating the procedure, the laws of Mali had
no provision for a court vested with jurisdiction to enforce arbitral awards
arising out of collective labour disputes. The arbitration award was revoked
after it was rejected by Cabinet, the only body empowered to make the
decision enforceable.
54. They aver however that, even after pursuing this remedy, they brought a
case before the Labour Court of Bamako seeking to make the said arbitral
award enforceable. The case was dismissed. The Applicants assert that
there was no legal remedy to their situation. The Applicants appealed the
decision of the Labour Court of Bamako before the Bamako Appeal Court
more than eight months ago, a procedure that is still pending.
If the labour inspector does not respond within 15 days of the application being made, this is considered
to be authorisation for the dismissal.
Any dismissal that occurs in violation of the procedure provided for in the previous paragraph shall be
automatically null and void and the delegate shall be reinstated in his rights and reinstated in the
company.
However, in the event of gross misconduct, the employer may immediately order the temporary lay-off
of the person concerned pending the final decision. In the event of a refusal to authorise dismissal, the
lay-off shall be without effect.
The above provisions shall apply to workers who are candidates for the office of delegate during the
period between the date of posting of the lists and the date of the ballot, as well as to delegates elected
until the date of the new elections and for a period of six months following the expiry of the delegate’s
mandate.
8 Reference No. 0263/DRT-K of July 13, 2012 and 0348/DRT-K of 24 August 2012
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