Bonum Certa Men Certa

Church of EPO: How Team Battistelli Engineered the Dismissal of People Not Sufficiently Loyal to Them - Part II

So much managerial abuse that courts are simply overwhelmed

International Labour Organisation on EPO
Full report here



Summary: How the torrent of EPO complaints at the International Labour Organisation (ILO) basically clogs up the Tribunal and ensures that no EPO staff can expect justice, at least not for many years to come

WHEN the EPO's monarch in chief, Mr. Battistelli, sacks staff representatives (because he feels like it) he pretends they have an appeal process (juridical) to fall back on, even if the ILO takes many years to take on cases (people must seek alternative employment in the interim) and the outcome is often disappointingly biased.



In part one we looked at some of the mechanisms which Battistelli himself created to let him dismiss anyone using all sorts of vague criteria (like being perceived as disloyal or not sufficiently polite to every member of staff). Recent text that reached us explains why ILO is incapable of making up for Battistelli's out-of-control monarchy:

Will ILO-AT dismiss the EPO?

The current developments at the ILO-AT are another threat to the immunity of the EPO. The vast majority of the complaints brought by staff against its employer are lost. Maybe this should not come as a surprise, given that the Tribunal’s judges are paid on a case-by-case basis by the defendant organisation. It would seem that the ILO-AT and the EPO are a marriage made in heaven. Curiously, however, the Tribunal does not seem to be happy with the EPO. It recently issued a document in which the Tribunal blames the EPO for its increasing backlogs. It is clear that the EPO’s internal conflict resolution mechanisms have become ever more dysfunctional, see e.g. CA/21/15 which points 13-15 and 59-64 that show a vanishingly small success rate. However, in doing so the Tribunal passes in silence over changes in its jurisprudence that strongly contribute to its backlog like demanding that each staff member who is negatively affected by a general decision file his or her own individual complaint rather than accepting one complaint for all. A lack of consistency and a tendency to dismiss cases on procedural issues rather than to decide on the substance further create further legal uncertainty and contribute to an increase in the number of appeals. In a proposal to amend its Statutes, to be submitted to the ILO Governing Body in June, the Tribunal now plans to withdraw its acceptance for organisations when it finds that their internal conflict resolution mechanisms are insufficient. Not only that: it also plans to give itself the authority to expel existing “client” organisations that do not fulfil its conditions. It seems clear that the EPO is first in line. If so then the EPO would be the first organisation ever to be ejected from the Tribunal. This would be a major embarrassment. The Organisation would be obliged to provide an alternative fast, unless it wants to see its immunity lifted by national courts for which it would be very clear that staff in the EPO no longer have access to justice. Because access to the ILO-AT is fixed in the EPC (Article 13 EPC), such a change would require a diplomatic conference..


In short, the above suggests that there are financial strings between ILO and the EPO and there's no real commitment to justice, just the perception thereof. And it gets worse:

Summary injustice

The EPO made headlines by refusing to accept the ruling of a Dutch court of second instance and announcing – through a Vice-President – that it would even ignore the ruling of the Dutch Supreme Court, should that ruling not be in its favour. A similar disdain is shown by ILO-AT in its Judgment 3563, concerning an application for review of the earlier Judgment 3297 (dismissal on accusation of fraud). The Tribunal upheld the dismissal. After the earlier judgment the complainant was acquitted of the same accusations by a Dutch criminal court. He requested the ILO-AT (an administrative tribunal that limits itself to written procedures, without an investigation and without hearings) to reconsider its judgment in the light of the findings of the Dutch specialised (criminal) court that is much more thorough in its workings. The Tribunal considered that the findings of the Dutch court were irrelevant and refused reconsider its position. The application for review was summarily (sic) dismissed.


How is this justice and how can the Administrative Council hope for the perception of justice? The core issue is, the EPO's management gets people thrown out of the Office in an unjustifiable fashion, then pretends they can find justice at ILO -- something which they clearly cannot have (SUEPO lawyers recently made constructive suggestions to Guy Ryder, the Director General of ILO), increasingly so because of the high volume of complaints. The more abusive Team Battistelli becomes, the more over-encumbered ILO becomes and the less likely a disenfranchised member of staff is to find justice there. Some would not even bother anymore. Hopelessness and helplessness thus become a tool of domination and oppression. The atmosphere of fear has a paralyzing effect when there's no recourse to the principles of natural justice.

Recent Techrights' Posts

Get Rid of Back Doors, Don't Obsess Over Bounties and Other Corporate PR Stunts (or Needless Reboot Rituals)
Security as a term has mostly lost its meaning due to repeated misuse for many years
Serial Sloppers Are Killing the Web (They Probably Don't Care, Either)
Slop is a disease on the Web
IBM's Debt Ballooned by 8.5 Billion Dollars in Just 3 Months!
Hallmark of a company in a state of disarray, trying to spend its way out of trouble
Big Trouble in GNOME
even GNOME people admit the CoC went wrong
 
Richard Stallman and the Unix Philosophy
When asked about systemd people must remember that RMS speaks as an active Board member of the FSF and also the founder of the FSF
The Cost (to Linux) of LLM Slop
Slop 'artists' like Fagioli are far from harmless
Links 25/04/2025: Ubisoft Spyware, Hegseth Fails at Tech on Every Level
Links for the day
Gemini Links 25/04/2025: Food Forest Update and Facebook Destroying the Net
Links for the day
Streaming Apps Are “Investor Fraud” That Kills the Planet
Reprinted with permission from Ryan Farmer
Things Get Increasingly Nasty at Microsoft Ahead of the Fake Results and May's Mass Layoffs Wave
They try to get people to 'resign' so that they won't count as layoffs and the company's 'wellbeing' will seem better
Slopping the Trough: Disney Plus Loses Billions and the Decline of Physical Media in America
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 24, 2025
IRC logs for Thursday, April 24, 2025
Links 24/04/2025: GAFAM Problems and No Peace (or Ceasefire) in Sight
Links for the day
Slopfarms on the Web Almost Always Generate Anti-Linux FUD When They Produce "Linux" Output
Welcome to the dying Web
Richard Stallman's Oxford Talk Has Just Ended, Here Are Some Photos
he might hop over to another European country
Gemini Links 24/04/2025: Birthday and Good Work of Academia in Esotericism
Links for the day
Links 24/04/2025: EU fines Apple and Facebook, Another Microsoft GitHub Security Blunder
Links for the day
New Article Explains How the GPL Came About and WordPress Having Copyleft Obligations
Having been involved in the WordPress development community since almost the beginning, I know why it chose the GPL and how it restricts abuse by Automattic
IBM Gained Almost 6 Billion Dollars in "Goodwill" Value in Just 3 Months, According to IBM
Congrats to the management!
In Belarus, Yandex is Now Measured as 50 Times More 'Popular' (by Usage) Than Microsoft
Yandex continues to gain, whereas Bing cannot even register at 1%. Last month it was registered or measured at a measly 0.65%.
IBM Cannot Lie to Shareholders Anymore
"I would not be surprised if we see a layoff every quarter this year."
Dr Richard Stallman (RMS) Gives Talk in Oxford University in 4 Hours
If you live nearby, go there (it's free as in gratis)
Using a Law Firm's Licence to Exercise Politics Through Frivolous SLAPPs and Nastygrams (to Silence People, Remove Pages, Demand Fake or Forced 'Apologies')
Things must be getting really bad when lawyers act for raving antisemites
We're Working to Make Full-Site Search Available
This site has over 1,000 'wiki' pages, many thousands of documents, several thousands of videos, and about 50,000 blog posts or articles. We need to make them easier to find/navigate.
Links 24/04/2025: IBM Loses Many Contracts, Intel to Lay Off Over 20% (Not Counting Those Who Leave 'Voluntarily')
Links for the day
Richard Stallman Can Explain to Oxford Artificial Intelligence Society Why LLM Slop is Not Artificial Intelligence and Why It Hurts Society
another 'crop' of LLM slop that damages GNU/Linux and facts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 23, 2025
IRC logs for Wednesday, April 23, 2025
Open Source Initiative (OSI) Promoting Microsoft and Proprietary Software Using Microsoft Operatives
Because nothing says "Open Source" like GPL violations facilitated by Microsoft
Another Site Bites the Dust: "Open Source For You" Becoming a Slopfarm (LLM Slop)
What a shame. Another dead site.
Links 23/04/2025: Crackdowns on Dissent, Palin Loses Libel Retrial Against New York Times
Links for the day
Links 23/04/2025: Hard Times and Digital Amnesia
Links for the day
The GNU/Linux Site Formerly Known as "linoxide.com" is Back... as an LLM Slopfarm!
Better for linoxide.com to go offline than to do this
Richard Stallman to Speak in Oxford University Exactly a Day From Now
outsourced to GAFAM
Links 23/04/2025: "Hiding Corruption" and "The Cost of Defunding Harvard"
Links for the day
Microsoft 'Studies' Again? Leon Musolff is Writing Papers With Microsoft.
Even if one can see/find a link to "the study" (in the Bezos-controlled publication), most people won't look any further and just take everything at face value.
Towards GNU World Domination
The FSF led by Geoffrey S. Knauth with his friend Richard Stallman in the FSF's Board [...] Let's encourage people to adopt GNU/Linux. There has never been a better time.
statCounter Helps Visualise Just How Deep in Trouble Microsoft is (Especially in Africa)
Microsoft sabotaged efforts to connect Africans and equip them with GNU/Linux laptops
The Register is Using Linux-Hostile Clickbait in Articles of Linux Proponents
Don't be a "whore" to advertisers, team El Reg
Microsoft Windows in Cyprus Lacking a Future
Most people access the Web there from mobile
Matrix Has a Severe Problem With Illegal Images
If Matrix cannot get the CP problem under control, many projects and people will dump Matrix
Never Try to Justify Strangulation of Women (Not in the US and Not in the UK)
Joint post by Mrs. Rianne Schestowitz and Dr. Roy Schestowitz
Links 23/04/2025: Tesla Profits Plunge 71%, Intel Ready to Lay Off 20% of Staff, Microsoft and IBM Layoffs
Links for the day
Microsoft's Most Profound Issue is That People Moved to 'Mobile' and "App Stores" (Microsoft's Presence There is Negligible)
Expect a wild ride for Microsoft this year
Google News is Amplifying FUD and Lies About Linux (and OpenSSH/SSH) by Promoting Slopfarms With Machine-Generated FUD and Slop Images
Google should know better
Gemini Links 23/04/2025: Librarians, Anubis, and Refactoring a Gemini Capsule
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 22, 2025
IRC logs for Tuesday, April 22, 2025