Bonum Certa Men Certa

Koch's Reply to EPO Through ILO and Techrights' Interpretation of Koch v EPO Documents Help Show That ILO-AT is Played by EPO Management

"Played" an understatement for controlled?

You should re-run the case. When we're about to lose the case.



Summary: Sending cases back and forth, without the complainant being involved, means that justice is in eternal 'limbo' and thus the abusive management of the European Patent Office (EPO) -- first Team Battistelli and now Team Campinos -- can get away with anything the bullies do (no judgment of substance being delivered)

THE gross injustice at the EPO is absolutely astounding. What's even more astounding is the fact that politicians tolerate this. Astonishing! The EU? It blocks EPO staff that talks about it. "Shut up, little man, you're interfering with the system!!"

This will, at least for the time being, be the last post regarding Koch v EPO [1, 2, 3, 4, 5, 6, 7]). It's a case which concerns a dismissed staff representative who suffers from a disability (likely due to the EPO's working conditions) and the case isn't being properly handled by ILO-AT. It's almost like there's nobody to talk to -- no safeguards in other words. Somebody ought to inform the Dutch courts (even the highest one) because if all these courts refuse to intervene -- even ECHR (the European Court of Human Rights) -- China's Communist Party will be having a day field. The EPO's management already clarified, even on Dutch TV, that even if the highest court ruled against it, the orders would be ignored, i.e. disobeyed. Just like China ignoring the ICC regarding the island of Scarborough (among others).

"The EPO's management already clarified, even on Dutch TV, that even if the highest court ruled against it, the orders would be ignored, i.e. disobeyed."Are EPO employees being employed outside the rule of law? Is EPO like a sweatshop in China (except the higher pay)? What can management be allowed to get away with? That question concerns/impacts not only thousands of EPO workers but workers in dozens of international organisations (not only those ILO-AT is responsible for).

We're still trying to digest what we saw in legal documents of Koch. Some of those are public and others we've requested so as to better study the case.

The 129th session of ILO-AT is now over. SUEPO has not said anything in its public site. No updates there (for 3 days now)...

"SUEPO has not said anything in its public site."It is understandable that SUEPO will not want to comment on this case for a number of reasons, but we're not bound by the same rules EPO staff (and staff unions) are subjected to, so let's explain again what we have here.

As far as the referrals of cases to the EPO for "re-running" the internal appeals are concerned, these issues refer to the functioning of the EPO's juridical system in rather general terms, not just to Koch's individual case/s. In cases AT 5-4532 and AT 5-4384 we see an example of that; these concern very serious issues (AT 5-4532: refusal of an employment medical examination in case of occupational disease;AT 5-4384: irregular dismissal -- see these tweets with the parties' latest replies in re AT 5-4532). The complainant could potentially be hit very hard by any flaws of this system.

Unusual in re AT 5-4532 is also the realisation that the EPO attempts to have the fees of its (probably extremely expensive!) lawyers in Geneva (chosen and commissioned by the EPO, of course) to be paid -- at least partly -- by the complainant, alleging that case AT 5-4532 would be an "abusive and unnecessary" procedure (the EPO in its surrejoinder, para. 62) while the complainant receives just a small early retirement pension under protest. Such course of action reveals the EPO management's completely unfounded, but extreme hate against the complainant, a former staff representative with disabilities.

"Unusual in re AT 5-4532 is also the realisation that the EPO attempts to have the fees of its (probably extremely expensive!) lawyers in Geneva (chosen and commissioned by the EPO, of course) to be paid -- at least partly -- by the complainant..."The issue of "re-running" of internal appeals (IAs) by the EPO is particularly noteworthy. The EPO might attempt this in many dozens is not hundreds of cases, impacting a lot of aggrieved (abused) EPO employees. It is particularly serious because the EPO does this (i) after a final decision on them, contrary to the Tribunal's standard Jurisprudence: Judgment number 2906, under 8., Judgments number 994, under 14., or Judgement number 1006, under 2. and (ii) after their lawful referral to the Tribunal and (iii) without awaiting any decision by the Tribunal on them. The EPO withdraws final decisions and "re-runs" IAs of its own volition/initiative.

Worse yet is the fact that no fresh view on the cases and no fairer or more impartial Opinion by the Internal Appeals Committee (IAC) can be expected from the "re-running": The reason for this is that -- to paraphrase what we we wrote earlier -- the IAC's unbalanced composition reproved by the Tribunal in Judgment number 3785, under 7., i.e. participation of volunteers being nominated by the President or selected by lots(!) instead of being nominated to the IAC by the Central Staff Committee (as the former rules on the IAC's composition required) was just "legalised" by the EPO in the meantime, by just a change of the respective rules for the IAC's composition during the Battistelli era.

"...such issues of lawlessness under the EPO's Service Regulations are now being exploited to also neutralise ILO-AT and ILO-AT apparently allows this to happen!"These issues are likely to concern hundreds of cases of EPO staff against their employer, such cases being lawfully pending before the Tribunal. In the unlikely event that the Tribunal deemed this way of acting by the EPO lawful, the EPO would largely benefit from its own turpitude while staff would remain deprived of access to the Tribunal as the only judicial instance under the Service Regulations for an indefinite (in some cases probably meaning an infinite) period of time. In other words, cases could be referred to the Tribunal and back to the EPO like in a ping-pong game, as the EPO was (probably intentionally) introducing "flaws" in the IAs procedure which it subsequently alleged to mend in a "re-run" IAs procedure, with different flaws in different rounds of repetition of the IA. This way a treatment of a case in substance by the Tribunal could be prevented by the EPO. Put another way, a treatment of a case in substance by the Tribunal could be prevented by the EPO, at least a treatment "within a reasonable time", contrary to the complainants' fundamental rights under Article 6 ECHR.

"Re-running" of internal appeals on (the defendant's initiative only) would be an incredible precedent; such issues of lawlessness under the EPO's Service Regulations are now being exploited to also neutralise ILO-AT and ILO-AT apparently allows this to happen!

Recent Techrights' Posts

Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
2025 Will be Fought and Fraught With LLM Slop or Fake 'Articles' (Former Media/News Sites Turning to Marketing Spam)
The elephant in the room?
Links 26/12/2024: Ukraine's Energy Supplies Bombed on Christmas Day, Energy Lines Cut/Disrupted in the Baltic Sea Again
Links for the day
Gemini Links 26/12/2024: Rot Economy, Self-hosted Tinylogs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 25, 2024
IRC logs for Wednesday, December 25, 2024
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024