That therefore, arguing that the acquittal of Mme Diakite of charges of crimes against public property, sufficiently proves the inaccuracy of the facts that account for her dismissal, as her lawyer would argue, is confusion, and an error that the Court cannot endorse, as case law states that “ even if the judge in a criminal proceeding orders release [or acquittal] on the ground that the facts have not been proven, the binding force of res judicata from the judge in the criminal proceeding does not apply to such a ground” (C.E. 14 April 1995, centre hospitalier de Tourcoing, req. 116278) ; Whereas this attitude by Madame DIAKITE Oumou DIALLO; given the lack of capacity and power, the non-chalance of the act, and considering the context notably her departure from her position as branch manager, is proof of bad intention, which when added to the gravity of the act, is considered serious misconduct justifying her dismissal as carried out by the BNDA and this, in accordance with article L41 of the Mali Labour Code; Whereas considering the foregoing, it has been proven that by ruling as he did, the trial judge of the labour court wrongly interpreted the facts and poorly applied the law in this regard; That it is consequently appropriate to out rightly quash his decision and ruling once again, dismiss the claim of Madame DIAKITE Oumou DIALLO as being ill-founded, while ordering the public treasury to pay costs. NOW THEREFORE: THE COURT Ruling in public, in the presence of both parties, in a labour case and as the court of last resort; ; AS CONCERNS PROCEDURAL MATTERS: Declares the appeal admissible; AS CONCERNS THE MERITS: Overturns the ruling under appeal; RULING ANEW: Dismisses the claim of Madame DIAKITE Oumou DIALLO as ill-grounded; Orders the State Treasury to pay for costs . It is therefore ordered, adjudged and decreed publicly by this Court of Appeal, on the day, month and year stated herein above. SIGNED BY THE PRESIDENT AND THE COURT REGISTRAR /. Signed (below) Registered in Bamako on 04-07-2015 as certified true copy Received without immediate payment of fees free Bamako on 04 September 2015 The Inspector of Registration THE CHIEF REGISTRAR Signature illegible Mme SISS0K0 Maimouna