On August 10, 2021, the Supreme Court of Mali issued a crucial ruling on labor law. This arbitration brought to a close a long-running dispute between the security company Sécuricom Protect and the NGO Action Against Hunger (ACF) International . At the heart of the case: the sudden and mass resignation of 17 security guards.

📅 Timeline of a collective contract termination

1. 2015: Sécuricom Protect signs a service contract with the NGO ACF to secure its sites in Bamako and the provinces. Agents are officially assigned there.
2. February 2016: In the space of a single week, 17 Sécuricom agents simultaneously handed in their resignations.
3. Less than 7 days later: These same agents are directly hired by the NGO ACF to perform the same tasks.

Believing this to be an unfair maneuver, Sécuricom Protect decided to take the matter to court for unfair recruitment .

⚖️ The legal saga: A series of twists and turns

The legal proceedings in this case have been marked by several conflicting rulings:

Judicial Authority	Decision Rendered
Bamako Labour Court	Victory for Sécuricom : Joint and several conviction of the NGO and the agents to pay 10 million FCFA in damages.
Bamako Court of Appeal	Setback for Sécuricom : The Court overturns the first judgment and dismisses the security company's claim.
Supreme Court of Mali	Final verdict : The appeal judgment is overturned and the first instance judgment is reinstated in favour of Sécuricom.

🔍 The key arguments upheld by the Supreme Court

To validate the classification of the act as abusive poaching, Mali's highest court relied on four indisputable criteria:

1. Knowledge of contracts: ACF was fully aware that the agents were bound to Sécuricom by open-ended contracts (CDI), since they worked for it through this partnership.
2. Failure to respect the notice period: The employees left their positions overnight, thus violating their duty of loyalty to their original employer.
3. The immediacy of rehiring: The recruitment by the NGO took place in a suspiciously short time of barely a week.
4. NGO interference: The judges noted that ACF had interfered in internal tensions between Sécuricom and its employees, thereby contributing to the deterioration of working relationships and encouraging collective departures.

Key takeaway: Malian justice firmly reiterates that a new employer incurs civil liability if they knowingly recruit employees in violation of their current contractual commitments.

💡 A major legal precedent for businesses

This case sets a clear limit to aggressive recruitment practices. It reminds organizations—whether private companies or NGOs—that the freedom to hire ends where unfair competition and the rules regarding notice periods begin.