Bonum Certa Men Certa

ILOAT Judgment No. 4394: In Conclusion

posted by Roy Schestowitz on Mar 09, 2024

Believe By Force

No light at the end of this tunnel

THE previous parts [1, 2] in this mini series showed there is mild disagreement on the cases' outcome. Cordial disagreement is fine, it's part of a civil society. Based on numerous people whom we spoke to, the ILO Administrative Tribunal (ILOAT) either did or did not fulfil its duties. In some cases, it even aggravated matters, both physically and psychologically. The damage can never be undone. Lives got ruined. ILO and ILOAT portray themselves as allies and protectors of labour. But we know for sure that in the past ILOAT let down disabled people, even people whose disability is the sole fault of the grossly understaffed EPO (inducing a culture of overwork). As we repeatedly explained over 5 years ago, the EPO just used them for their mental and physical capacity, then threw them away (after burnout or physical "wear and tear"). EPO management may think this is good for short-term "efficiency" and "productivity" (as if people are mere "cogs"), but the EPO will suffer from very negative karma, which goes well beyond lessening recruitment prospects. There are sayings about how society is to be judged by the way it treats (or mistreats) the most vulnerable people. EPO gets an "F"; thank the EPO's "F-ing President" (this is how António Campinos refers to himself!).

ILO Administrative Tribunal (ILOAT) Judgment No. 4394 was shared here in full before, along with my personal interpretation. Another person's interpretation of ILOAT Judgment No. 4394 was also shared here.

The point is that some employees having developed incapacities, said one reader, were sent to a benefit of a pension after consultation of a medical committee (invalidity status). One condition for the invalidity was that the residual working capacity be less than 50%. After retiring under such conditions some of the affected colleagues started a new professional life e.g. as a patent attorney, a writer, a taxi driver or anything else. They could engage in a limited professional activity. In 2015 (under Benoît Battistelli) all beneficiaries of an invalidity received a letter from the administration informing them that from 2016 onwards any gainful activity would be prohibited and those who had such an activity should resign and were asked for a proof of resignation.

Some of the affected colleagues introduced an appeal that was "summarily" dismissed as unfounded. The colleagues sent their cases to the ILO Administrative Tribunal in Geneva and won... but the case was remitted to the EPO for a decision on the merits.

To make it short, the reader explained, that is the way the EPO treats one of the most fragile part of the employees, the ones which would otherwise deserve a particular attention due to their health status.

The EPO is led by criminals without morality, the reader concluded.

Having recently covered material from the General Assembly, we can see things have not improved. European software patents are being granted in large volumes and patent maximalists are merely vindicating those of us who cautioned UPC would almost literally feed patent trolls (1-2 days ago they said this explicitly and shamelessly, even in the headline). The EPO poses a threat to Europe as a whole, not just to its staff and to patent stakeholders.

Other Recent Techrights' Posts

GAFAM "doesn't depend on any sort of lock-in, humans just don't want to be free anymore," according to MinceR
As many readers are aware, our criticism of UEFI (restricted boot in particular) attracted a lot of online harassment against us, including stalking and libel
The Register MS Has Just Been Paid to Promote the Ponzi Scheme Some More ("AI" Keyword Stuffing)
This won't end well for The Register MS
Perpetuating the Lie of "No Red Hat Layoffs" Because of the Bluewashing (Red Hat Became Just "IBM")
Many Red Hat employees were pushed out and/or removed lately
EPO People Power - Part XIII - If the EPO's Chief Propagandist (Berenguer) Told the Police He Was a Spanish Tourist (or Similar) or That He Does Not Reside in Munich, Then He May Have Lied to the Police (in Addition to Doing Cocaine in Public)
Lying to the police in Germany is a criminal offense
 
Claims of More IBM Layoffs a Week Before 'Christmas Week'
Of course, as usual, nobody in the media says anything
Wrapping Up and Ending "Slopwatch"
An "end-of-life" improvement
Gemini Links 15/12/2025: How We Lost Communication to Entertainment, Dichotomy Between the Real and the Digital
Links for the day
The New Chief Editor at The Register MS is a Microsofter, Now They Increase Microsoft Coverage and Add Microsoft Slant to 'Linux' Coverage
Did Microsoft pay some more?
IBM Layoffs in India and IBM's CEO Spins His Lack of Market Share as a Strength
If this leadership carries on, the only red left at IBM won't be Red Hat but a red stain
Links 15/12/2025: "Life in Prison" for Criticising China, Tikhanovskaya Says 'Pressure Works'
Links for the day
Due to 'Secure Boot' (An Anti-Security Measure, a Kill Switch) Computer Users Are Afraid of GNU/Linux
This is what Microsoft wanted
'Crypto' 'Currencies' Are a Ponzi Scheme. So Is "AI". Both Destroy the Planet, Not Just the Economy.
Believe it or not, millions of these GPUs just sit there boxed, unopened, unconnected, unused
Microsoft Colonialism in Africa is Not Sustainable
Microsoft's situation in Nigeria is not
Links 15/12/2025: Chromebooks as Work Machines, "Americans [Who] Moved to Australia" to Avoid Cheeto
Links for the day
Breaking Your Proprietary Router in the Name of "Security"
Each time they "patch" the router something that previously worked OK is likely to just break
IBM May be Breaking the Law to Silence Staff It Laid Off
Observation to add regarding IBM layoffs
Demonisation Attacks on Richard Matthew Stallman (RMS) - Including Antisemitic Attacks - Have Not Worked
Name-calling doesn't work
Slop ("AI") Will Replace People and Take Away Jobs, Say the Slopfarms With Fake (LLM-Generated) Text and Slop Images
"AI" often means slave labour in a poor country
More Than a Million Bytes Should be Enough for Most Computer Programs
Who said computing would improve over time?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 14, 2025
IRC logs for Sunday, December 14, 2025
Another "AI" (Slop) Use Cases Turns Out to be a Fraud
Those who talk about this fraud get SLAPPed
They Say Rules Are Made to be Broken, at Microsoft That Became an Imperative (e.g. Accounting Fraud, Bribery and So on)
Its biggest client is itself
In Russia, Microsoft is Already a Dying Breed Online
A lot of Europe also dumps Microsoft. Europe is a big revenue source of Microsoft.
The Future of News on the World Wide Web
No "greener pastures" on the Web
𝐈𝐁𝐌 𝐂𝐄𝐎 𝐀𝐫𝐯𝐢𝐧𝐝 𝐊𝐫𝐢𝐬𝐡𝐧𝐚: Proof That at IBM People Fall Upwards
IBM is collapsing
EPO People Power - Part XII - The Mobbing Got So Bad People Were Unable to Work
What's at stake here isn't just the EPO or the patent system
Links 14/12/2025: "Chile to ban smartphones in classroom" and "Portugal updates cybercrime law to exempt security researchers"
Links for the day
Gemini Links 14/12/2025: "GUI TUI CLI" and EmacsConf 2025 Video
Links for the day
Links 14/12/2025: Tensions in Asia, US Making Deals With Belarus
Links for the day
A Utopian and Very Dumb Vision of Technology, Based on Accounting Fraud
the "industry" has become insane and a lot of "the media" is going along with it
Links 14/12/2025: "The Slop of Things to Come", Goldman Sachs Nervous About Slop Bubble
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 13, 2025
IRC logs for Saturday, December 13, 2025
Google News is Google Noise
Google News is really hopeless, even on weekends
IBM: We Pay You to be Obedient or Deny You What You're Entitled to If You Don't Act Obediently
Good luck starting legal battles with a company that has almost as many lawyers (including aggressive patent lawyers) as it has geeks
Links 13/12/2025: Jimmy Lai and Media Freedom on Trial, "OpenAI Researcher Quits, Saying Company Hiding the Truth"
Links for the day
Gemini Links 13/12/2025: Extensive Catchup With Gopherholes
Links for the day
Deliberate Lies or Glaring Distortions
Calling Torvalds anything "Soviet" or "Russian" would overlook the fact he comes from Finland and has Swedish roots
Canonical and Ubuntu: Working for Microsoft, Promoting Proprietary Surveillance (Dis)Services
Canonical started with a rich and overambitious Debian Developer. He wanted to become richer.
Russian "Hybrid Attacks" Are Typically Microsoft TCO and/or Windows TCO (Total Cost of Ownership)
Information-related warfare relies a lot on computer systems
EPO People Power - Part XI - The Media in Europe is Ill and Complicit in Ills
We must all recognise that there's a problem here
Running With Technology
At least they always run Linux (all of them, since 2015)
Dealing With "Tech Cults"
If you think you identified a "Tech Cult", walk away
It Seems Like IBM is Firing 'Everybody' (Anywhere, Any Age, No Matter What Team)
Healthy companies would sack IBM's management (sacked by Board, bylaws etc.) but IBM is a sick company
Latest Stallman Talk (Event in Argentina) Published
Less than a day ago they released his talk
GAFAM is a Financial Problem and Sovereignty Risk, a Policy-Level (National Level) Boycott is Needed
Europe has plenty of skilled computer engineers
LLM Slop Becoming Rarer
Today we've found no LLM slop in our RSS feeds regarding "Linux"
2026 Could Very Well be Last Year of XBox, Microsoft Dropped the Ball
It would be shocking is XBox can stage any kind of comeback
Links 13/12/2025: Social Control Media Bans and "Could Finland be Hiding a Blue Zone?"
Links for the day
Expecting Mass Layoffs, More Microsoft Workers Join Unions
they see tough times ahead
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 12, 2025
IRC logs for Friday, December 12, 2025