Effect given to the recommendations of the committee and the Governing Body - REPORT_NO382, June 2017

Effect given to the recommendations of the Committee and the Governing Body

1. 107. At its March 2015 session, the Committee considered the present case submitted by the Trade Union Confederation of Workers of Mali (CSTM) concerning mass dismissals of workers, union representatives and staff members as a result of strike action in the mining sector. [see 374th Report, paras 505–543.] On that occasion the Committee made the following recommendations:
   • (a) Recalling that more than 18 months have elapsed since the ruling was handed down by the arbitration council on the dismissals which occurred in the companies LTA–MALI SA and SEMOS SA, the Committee expects that appropriate measures have been taken by the public authorities to implement the ruling and requests the Government to report back on this without delay. In addition, the Committee requests the Government to keep it informed without delay of the decisions handed down following the appeals lodged, on all sides, with the Kayes Labour Tribunal;
   • (b) The Committee expects the Government to keep it informed without delay of the outcome of the different legal proceedings brought concerning the dismissals of 434 workers by the company BCM SA, in particular of the decision of the Supreme Court, and the follow-up thereto.
   • (c) The Committee observes that the complainant organization refers to the dismissal of two trade unionists by the company ALS–MALI SA. Noting the Government’s response concerning the procedure followed for one union leader, the Committee invites the complainant organization to approach the authorities in order to provide the information on the second trade unionist affected by a dismissal measure in the company so as to allow the labour administration to make the necessary inquiries. The Committee requests the Government to keep it informed in this respect.
2. 108. The Government conveyed information on the follow-up to these recommendations in communications dated 15 December 2015 and 2 December 2016. Concerning recommendation (a), the Government states that a transcript of negotiations on a list of grievances was signed by the CSTM and the Government on 13 March 2015. The recommendations contained in the grievance list concerned in particular the reinstatement of the 27 trade unionists and 30 activists dismissed by the company and payment of their salary arrears. The arbitration council examining the case exonerated the company and did not consider reinstatement of the dismissed workers. The arbitration council’s decision, however, was opposed by the company and the Government states that it has undertaken to bring the dispute to the Council of Ministers – in accordance with section L.229 of the Labour Code – within three months of the signing of the transcript. Regarding the legal remedies relating to this matter, the Government states that the Kayes Labour Tribunal, in a judgment of 24 June 2013, found the legal action taken against the company by 13 trade unionists (out of 27 dismissed) to be frivolous. The Government states further that the transcript of March 2015 also concerned lifting the suspensions and dismissals of 11 trade unionists from the company SEMOS SA. According to the Government, a Memorandum of Understanding signed at the conclusion of a conciliation committee was approved by the courts. The 11 trade unionists were finally reinstated in their posts and their salary arrears paid. The Committee, noting the gratifying outcome of this case, requests the Government to keep it informed of any follow-up to the case referred to the Council of Ministers concerning the dismissal of 27 trade unionists and 30 activists for having participated in strikes.
3. 109. The Committee notes, in respect of recommendation (b), Judgment No. 130 of 6 June 2013 in which the Supreme Court, on application by the company, quashed Decision No. 0110/MTEFP-DNT of 30 August 2012 of the national labour inspector, which itself overturned the decision of the Kayes regional labour inspector authorizing the dismissal of 434 workers. The Committee also observes that the Kayes Labour Tribunal, on application by 279 dismissed workers, ruled in June 2013 that the dismissals were illegal and sentenced the company to pay salary arrears with damages (copy of ruling provided). The Committee notes, however, that the Kayes Court of Appeal, on application by the company, by a ruling of 12 December 2013 overturned the judgment of first instance (copy of judgment provided). The Committee requests the Government to keep it informed of any follow-up to the case involving the dismissal of 434 workers, in particular any appeal lodged against the ruling of the Kayes Court of Appeal and the follow-up thereto.
4. 110. With regard to recommendation (c), the Committee observes that the complainant organization has communicated to the authorities the identity of the second trade unionist affected by a dismissal measure in the company. The Committee also notes the Government’s statement that the case is under consideration by the courts. The Committee requests the Government to keep it informed of any court decision concerning this matter and any follow-up thereto.
5. 111. In conclusion, while noting the efforts of the authorities to help resolve these disputes, the Committee is concerned at the time that has elapsed since the dismissal measures taken in 2012 without any lasting solution being found. The Committee is of the view that this situation, which affects a large number of trade unionists and union leaders, is likely to impair the capacity of the trade union organizations concerned to expand their activities. The Committee urgently requests the Government to try everything possible to find a lasting solution to the unresolved cases.