Bonum Certa Men Certa

Correspondence With Dražen Petrović Reveals That ILO-AT is Indeed an Employer's Court, Favouring EPO Management Over EPO Staff

Not a labourers' court but a labourers' foe, which drains their money under the assumption that fair trials are possible and employers would comply with an unfavourable outcome (some don't, without facing any consequences)

Cicero's Use of Judicial Theater
Reference: Cicero's Use of Judicial Theater



Summary: What's publicly advertised as access to justice for aggrieved employees in international institutions seems to boil down to injustice perpetuated and rubber-stamped, or unfavourable rulings (against employers) not being followed

THE face-saving tactic/strategy of the EPO, namely hiding behind the face of António Campinos, doesn't impress us because we more or less understand what goes on behind the scenes. 12 days ago, for example, we showed the EPO's management fighting to just 'intercept' or underline/thwart (for lack of a better word) the ILO cases. Justice isn't the goal; they just waste stakeholders' money on lawyers, trying to 'win' cases at all costs, draining complainants' savings using legal bills. This is pure evil. This is known as legal bullying and staff should go public with this kind of stuff. It appears to be part of a pattern and a trend, which we assume SUEPO is well aware of already.



We've managed to obtain recent correspondence which sheds light on human rights aspects of all this, starting with the following from ILO-AT:

Dear ⬆⬆⬆⬆⬆⬆

Complaint No. ⬆⬆⬆⬆

Further to my email of 12 July 2018 concerning your 13th complaint please be advised that the President of the Tribunal has approved your request to reply to the EPO’s comments.

I therefore ask you to send me six copies of your reply to the EPO’s comments by Monday, 20 August 2018.

The procedural requests mentioned in your emails of 12 and 16 July 2018 have no legal basis.

Yours sincerely,

Dražen Petrović Greffier/Registrar 4, route des Morillons 1211 Genève 22 Suisse


Here's the response:

Dear Sir or Madam,

With regard to your e-mail here below I respectfully request to extend my term for reply to 120 days from now and to stay the proceedings in my ⬆⬆ case no. ⬆⬆⬆⬆⬆⬆ during the procedural term for reply in case no. ⬆⬆⬆⬆⬆

Reasons:

1. My chronic illness, see letter by OH physician,

2. Recent pain in my right wrist under examination/treatment (since my last procedural term, see recent e-mail by my GP which I feel unable to translate currently*

3. Frequent stomach pain due to severe nervous stress caused by the EPO's procedural conduct, slight gastritis recently diagnosed, see recent gastroenterologist's report*

4. The EPO's two(!) professional(!) lawyers had 90 days for their reply. In view of the principle of equal treatment of the parties I should normally be granted a term double as long as that granted to them, as I am just one(!) former employee, not a professional lawyer and also ill.

Please confirm receipt for this e-mail.

Sincerely yours,

⬆⬆⬆⬆⬆⬆


The ILO-AT set another 30-days term for reply after the EPO had a term of 90 days for their last submissions. This isn't the first time they do this to this complainant and they probably do the same thing to other complainants.

Extension requested by the complainant resulted in this:

Dear ⬆⬆⬆⬆⬆

Complaints Nos ⬆⬆⬆⬆ and ⬆⬆⬆⬆

I acknowledge receipt of your email of 20 July 2018.

I shall consult the President of the Tribunal on your request to extend the time limit for sending me your reply to the EPO’s comments to your further submissions on your ⬆⬆⬆⬆ complaint (AT ⬆⬆⬆⬆).

If the President grants the above request for extension, we shall then seek the views of the EPO’s counsel on your application to stay the proceedings on your ⬆⬆⬆⬆ complaint (AT ⬆⬆⬆⬆⬆) for the duration of that extension. The President will decide on that application inlight of the views of both parties.

Yours sincerely,

Dražen Petrović Greffier/Registrar 4, route des Morillons 1211 Genève 22 Suisse


This is the latest:

Complaints no. ⬆⬆⬆⬆⬆ and ⬆⬆⬆⬆

Dear Sir or Madam,

With regard to your e-mail of 24 July 2018: The procedure indicated by you here below is much too slow, given that you set me a term of 30 days only, until 20 August 2018, for my reply in re AT ⬆⬆⬆⬆. This way I cannot make use of my rights under Article 5.1 of the Tribunal's Rules to plead my own case. On ⬆⬆⬆⬆⬆ 2017 you swiftly extended my term of reply the following day. In view of my chronic illness with proven recent aggravation (see attachments of this year to my e-mail of ⬆⬆⬆⬆⬆) I respectfully request a prompt extension of my term of reply also now.

In view of the Tribunal's generally presumed independence it is not to the EPO to determine or even influence the Tribunal's procedural decisions in my cases.

Sincerely yours,

⬆⬆⬆⬆⬆⬆


There seems to be some 'circulation' for this case, as it's one of many that became more famous (or notorious). Quite a few people became familiar with this case, so ILO-AT can no longer keep it secret/confidential. In the above, the compliant is being implicitly refused an extension once more. This happened repeatedly at an earlier stage in various cases. Thereby staff rights under Article 6 ECHR as well as under Article 5.1 of the Tribunal's Rules were violated.

"What good is a ruling without actual enforcement of it? Is an ILO-AT decision legally-binding only when employers win and mere judicial theatre when employees win a case?"No matter what they do, EPO complainants are being thrown around, compelled to spend a lot of time and money on cases that would likely go nowhere because, as SUEPO puts is, ILO-AT is an "employer's court". SUEPO and some SUEPO members are obviously keeping abreast of all this; in fact, that's how the information gets leaked to us. It is being passed around and unless ILO (Guy Ryder, Dražen Petrović and the rest of them) care about their reputation, things will only exacerbate over time. This is, inadvertedly, becoming a case of ILO scandals, not just EPO scandals. Many nowadays feel as though ILO merely protects EPO management. It isn't even enforcing rulings against EPO management, e.g. Judge Corcoran, SUEPO leaders and so on. What good is a ruling without actual enforcement of it? Is an ILO-AT decision legally-binding only when employers win and mere judicial theatre when employees win a case? This sort of judicial deficit can't really be reported to anyone because ILO (UN) is itself immune, hence in a certain sense beyond and above the law.

Recent Techrights' Posts

The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
 
Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025