04.10.16
Church of EPO: How Team Battistelli Engineered the Dismissal of People Not Sufficiently Loyal to Them – Part I
Summary: A new series which looks back at how Battistelli stacked the deck not only by crushing oversight but also amassing instruments of coercion over staff, with various new pretexts for dismissal
AT THE end of last week we shared a single page from the EPO‘s CoC. There is a lot more to be said about it and this long post shall help the EPO with transparency that Battistelli loves so much to brag about (without actually doing anything to that effect).
Here is the page/leaf in full:
As a reminder, in the words of a reader, a lot of this relates to the union-busting activities we have been seeing since the end of 2015 (they truly intensified at that point but didn’t start then). Here is what Battistelli et al pushed through to staff:
The above was a culmination of something that had been cooking for a while. Consider the full CoC:
Europaisches Patentamt
European Patent Office
Office européen des brevetsCODE OF CONDUCT
FOR THE EPO
EPO’s PUBLIC SERVICE VALUES
- Respect for the individual
- Integrity and accountability
- Impartiality and objectivity
- Compliance with the rules of law
- Quality and professionalism
The European Patent Office’s public service values are a guide to behaviour which should promote the development of a culture of respect. The values are: respect for the individual; integrity and accountability; impartiality and objectivity; compliance with the rules of law; quality and professionalism.
These values, which are all of equal rank, guide our actions and underlie the EPO’s mission, which is to support innovation, competitiveness and economic growth across Europe through a commitment to high quality and efficient service delivered under the European Patent Convention (EPC).
These values apply to all persons working at and for the Office. Staff with managerial responsibilities are expected to promote these values by leadership and example.
This document does not create another legal framework and refers to the existing EPO regulations setting out the formal obligations of its staff. In the event of any conflict between the content of this code of conduct and formal obligations under the EPC or Service Regulations, then those obligations take precedence.
Confronted with an individual or collective breach of these values, all staff must be allowed to exercise freely and in good faith their right to draw attention to it without any fear of reprisal. They may in particular ask their line manager or Human Resources partner, or the responsible unit within Internal Audit and Oversight for advice. I undertake to respect our values and ensure that they are respected.
Benoît Battistelli
President
RESPECT FOR THE INDIVIDUAL
The services provided by the Office are the result of the work done by qualified and motivated staff members. The Office therefore recognises the individual value of each and every employee. Mutual respect, dignity, respect for human rights, nondiscrimination and the promotion of diversity are our guiding principles.
Our keywords
• DIGNITY
• NON-DISCRIMINATION
• TOLERANCE
• TRUST AND RELIABILITY
• LISTENING AND UNDERSTANDING
• POLITENESS
• OPENNESS
• DIALOGUE
• HEALTH
• SAFETY
Our approach
We share the international community’s commitment to respect human rights.
We strive to create a working environment marked by mutual respect.
Mutual respect, trust and the ability to listen are indispensable elements in our professional relations. Each individual’s abilities and talents deserve to be acknowledged.
We take the necessary steps to provide a safe and healthy working environment.
We seek to promote diversity and equal opportunities among employees.
We are committed to not allowing situations to arise which could be prejudicial to the dignity of our colleagues. We make every effort to prevent any form of discrimination or harassment.
INTEGRITY AND ACCOUNTABILITY
Integrity is an inalienable criterion for our professional conduct. It implies acting with responsibility, accountability, loyalty, discretion and common sense. We resist all forms of corruption.
Our keywords
• HONESTY
• LOYALTY
• FAIRNESS
• CONFIDENTIALITY
• EXAMPLE
Our approach
We act with honesty, responsibility and discretion.
We act with loyalty and solely in the interest of the Office. We perform our tasks under the authority of the President of the Office, except for the specific responsibilities or functions expressly laid down in the EPC or Service Regulations.
We respect the scope of our responsibilities and of the tasks entrusted to us. When delegating tasks, we remain accountable for their execution and results, and therefore managers exercise adequate supervision and control.
We respect the confidentiality of information: we do not disclose confidential information received in the course of our work to unauthorised persons, nor use it for our own benefit or to the detriment of the Office.
Our duty to do our work to the best of our abilities also implies an obligation to share with our colleagues the information necessary to perform their own duties.
We are committed to combating all types of fraud.
We are careful in our external communications and respect our duties of tact and discretion about the Office. In particular, we refrain from making any statement that could be detrimental to it.
IMPARTIALITY AND OBJECTIVITY
The Office and its staff must remain independent of all governments, authorities, organisations or persons outside the Organisation. Our conduct must be impartial and reflect that independence. We tackle situations which could impair our objectivity.
Our keywords
• INDEPENDENCE
• NEUTRALITY
• EQUAL TREATMENT
• IMMUNITY
Our approach
We seek to ensure that nothing which occurs under our responsibility is or could appear to be a direct or indirect act of preferential support for a political, economic, ideological or religious group.
We refrain from doing or saying anything that might call our impartiality and objectivity into question.
Our actions when taking decisions or leading projects are reasoned.
We need to be impartial and objective. We are aware of the risk of potential conflicts of interest, whether actual or apparent. Where possible, we avoid them; where not, we disclose and manage them.
Gifts or other favours might compromise our professional impartiality. Therefore we do not solicit any. And, without the President’s permission, we do not accept any either.
COMPLIANCE WITH THE RULES OF LAW
The Office has its own legal system, which must be respected.
The Office and its staff must also respect the applicable national laws of the country they are in and must meet their legal and financial obligations.
Our keywords
• LEGALITY
• JUSTICE
• RIGHTS AND OBLIGATIONS
Our approach
We respect both the letter and spirit of the Office’s rules and regulations.
We apply these rules and regulations fairly and in good faith.
We act with professionalism and a sense of social responsibility in observing the applicable laws, and respecting customs and traditions of the countries in which we work, contributing responsibly to the welfare of society.
Our privileges and immunities do not prevent us from complying with our obligations under applicable national laws.
QUALITY AND PROFESSIONALISM
The way each of us does our job is reflected in the Office’s overall performance. Our commitment to high quality and efficient public service is a contribution to innovation, competitiveness and economic growth in Europe.
Our keywords
• INNOVATION
• COMPETENCE
• PROFESSIONALISM
• TRAINING
• EXCELLENCE
• EFFICIENCY
Our approach
We give of our best to achieve our professional goals and to offer an efficient public service.
We work with colleagues in a spirit of teamwork and co-operation.
We manage the Office’s resources appropriately and efficiently, in line with the principles of economy and sound financial management.
We strive to maintain, adapt and develop skills within the Office. With the aim of ensuring sustainability, we act in a strategic and long-term perspective, not in our own immediate interests.
We do our best to reach highest international standards and best practice.
The above makes widely available what should have been publicly available all along. It helps accountability (for management, not only those who are managed by abusive management).
Later this week we are going to show how Battistelli essentially engineered the sacking of people whom he viewed as obstruction for his (and his corporate bosses’) agenda. Stay tuned for more. █
Content is available under CC-BY-SA