“Ruling in public, in the presence of both parties, in a labour proceeding and at first
instance;
Declares the plaintiff's motion procedurally admissible;
Declares her suit well founded on the merits;
Orders the BNDA to pay her;
CFAF 59,465,728 as unpaid salaries ;
CFAF 999,424 as paid leave ;
CFAF 50,000,000 as damages :
Orders that the payment of half of her benefits should be provisionally executed and that the applicant's
administrative situation with the INPS should be regularised;
Orders the State Treasury to pay for costs”;
This appeal is admissible because it was filed following the procedures and time limits
provided for by law;
AS CONCERNS THE MERITS:
To substantiate its appeal and through its legal counsel, la Banque Nationale de
Développement Agricole of Mali (BNDA) submitted that on 02 June 2004, Madame DIAKITE
Oumou DIALLO, Manager of BNDA branch office in Bamako, was replaced and transferred to the
BNDA’s Department for Network and Operations, following memorandum No. 04
0030, a copy of which has been included in the case file.
The handover, which started on 07 June 2004, between her deputy and herself, ended on
10 June 2004;
That on 08 June 2004, although she was no longer Manager, Madame DIAKITE Oumou DIALLO
authorised an overrun payment to be made to the company known as SODICIFER, as attested to
by accounting document No. 4391380, a copy of which has been included in this case file;
That on this same day, Madame DIAKITE Oumou DIALLO authorised, without justification,
another customer of the bank, namely the company known as SODIMAC S.A, to withdraw the sum
of CFAF 196, 320, 000;
That according to a mail on 17 June 2004, the BNDA issued a query to
Madame DIAKITE Oumou DIALLO;
That upon considering that the explanations offered by Madame DIAKITE Oumou DIALLO were
insufficient, the BNDA's Management decided on 23 June 2004 to suspend her;
That prior to this decision to suspend, the BNDA through a mail on 22 June 2004 filed a complaint
with the most Senior Examining Magistrate of the Commune IV Court of First Instance , including launching
civil proceedings for damages against Madame DIAKITE Oumou DIALLO;
That on 24 June 2004, Madame DIAKITE Oumou DIALLO admitted that she had made an administrative
mistake by authorising the two overruns mentioned above;
That on l st July 2004, the BNDA informed the Bamako Labour Inspector that it had decided to part ways with
Madame DIAKITE Oumou DIALLO for serious misconduct;
That on 20 July 2004, BNDA gave Madame DIAKITE Oumou DIALLO her letter of dismissal for
serious misconduct, a copy of this letter has been included in the case file ;
That on
19 April 2013, Madame DIAKITE Oumou DIALLO was acquitted following a criminal trial ;
That armed with this acquittal ruling, Madame DIAKITE Oumou DIALLO seized the Bamako
Labour Court to declare that she had been dismissed without due reason and cause for serious misconduct, resulting
the ruling under appeal;