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

SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
Goodbye, Dolly
This week we say "goodbye, Dolly."
 
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day