Bonum Certa Men Certa

ILOAT Judgment No. 4394: Administrative Tribunal of the International Labour Organization (ILOAT) Sends Vulnerable People Back to a Stacked (Kangaroo) Court of the President

posted by Roy Schestowitz on Mar 08, 2024

The understaffed EPO eats/kills its own

Hungry Kim Jong Un: The ILOAT says you must issue a ruling

Trump & Kim Jong Un: So... about these people; They're fired

THE article we published yesterday was mostly the decision, ILOAT Judgment No. 4394, in full (as HTML). It served to show how the ILOAT nonchalantly sends complainants to the lion's den, which is exactly what they attempted to escape when they reached out to ILOAT. The decision is noteworthy because it shows what typically happens or how ILOAT responds to many cases, lumping them together and barely tackling injustice, sometimes throwing some rather negligible fees or compensation at the complainant (barely compensating for the time, let alone the moral damage).

This is my personal interpretation of that decision, based on numerous people I spoke to over the years. And yes, while it's true ILOAT is the sole/last recourse, things can be improved. Years ago we noted that it took ILOAT nearly a decade to rule against Battistelli "reforms" - that was years after he had already left and lots of damage was irreversible.

Having said that, my interpretation is not shared by everyone. "I have just read your publication," one reader said, "and I must say that my interpretation of Judgment 4394 differs. I will not try to defend the Tribunal but in this case their decision was legally perfect."

"Consider the Tribunal as an Appeal Court, because disputes should be resolved before appealing. In the case of the EPO disputes should be resolved internally and the first instance is the Appeals Committee [ApC]. I know the system is flawed because a) the ApC is not truly independent and b) the president is not bound by the recommendations of the ApC."

"In the present case the EPO internal appeals committee rejected in a summary decision the cases. This was adding insult to injury for the appellants. The f***ing president didn't give a f*** about the f***ing cases of the f***ing incapacitated employees."

"Remedy was sought in Geneva. The ILOAT couldn't decide on the merits of the cases because in the first instance the EPO disregarded the questions. The only possibility was the to send the cases back to the Office and oblige the Office to consider the claims of the requesters. The Tribunal had no other choice. Moreover, the Tribunal sent a clear signal that the requesters would win on the merits if the Office doesn't give them satisfaction."

"The problem is the Office in the case. Because they abuse the system by using a summary procedure. I imagine this is law practice imported from North Korea. The Office plays with nerves, health and time of weakest personnel, the recipients of an invalidity pension.

"This is tragic because some of them may have not enough time left to reintroduce a case in Geneva. And the office is aware of that."

I previously spoke to someone who could not type the legal material fast enough due to a disability. The EPO hired many lawyers and had no mercy, in effect causing aggravation of the condition by tight deadlines and heavy paperwork (volume). In effect, the Office is "lawyering up" against disabled people. The ILOAT's communications, in turn, showed little or no sympathy towards the complainant, who had already suffered enough.

It's very difficult to forget what happened back then.

What is Geneva's stance on people with disabilities?

The judgement from ILOAT, irrespective of ILOAT's stance, shows how the EPO's management cabal treats the most vulnerable employees that are people with disabilities / incapacities (there are 5 plaintiffs in the case), as EPO insiders tell us, and we'll explain this or say more on that in the next part.

Tomorrow we may or may not end this mini-series, as newer scandals are brewing at the EPO and we're eager to cover those too. It has been very busy lately.

Other Recent Techrights' Posts

Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
3 Days Ago Over at Tux Machines...
GNU/Linux news
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025