Bonum Certa Men Certa

The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

Maintaining convenient illusions using sheer lies and distortion of facts

Claude RouillerSummary: The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)

ON "ILOAT decisions," as per what the EPO's 'Employment Law' wrote a week ago (Target group: DG4, DG5, President-DG0, DG1, DG2, BoA), there aren't many facts or much information. Lazy(ier) EPO staff might actually believe these 'Employment Law' people, in spite of the Office's history defying labour law and then falling back on "immunity" (after losing high-profile cases). We don't honestly think that ordinary staff is gullible enough to swallow this spin from 'Employment Law'. It's just an echo chamber ("DG4, DG5, President-DG0, DG1, DG2..."), telling one another what they want to hear and might actually believe. The statements can later be (re)used for lobbying purposes.



"Lazy(ier) EPO staff might actually believe these 'Employment Law' people, in spite of the Office's history defying labour law and then falling back on "immunity" (after losing high-profile cases)."We wrote many articles on the subject and thought a rebuttal would be in order. "That's how the ILOAT decisions were presented to the EPO staff," a source told us, giving us the complete text for independent assessment.

Shall we start? In quotes, in the remainder of this article, are the EPO's own words.

"ILO is not at all effective at dealing with EPO complaints. The ILO has repeatedly complained that it's unable to cope with the load. It always blames the EPO.""Report on the 123rd session of the ILOAT At its 123rd session, the Administrative Tribunal of the International Labour Organization (the Tribunal) delivered 97 judgments involving 21 Organisations. In total the Tribunal dismissed the complaints in 60 judgments and granted them, partly or in full, in 37 judgments."

Notice the artistic pretense here (intended to disguise gross imbalance): 21 organisations. Among nearly 100, of which EPO is just one. About half of all the complainants are coming from the EPO. Mind this crucial omission. Does that not merit a mention? The above offers no breakdown of which organisations actually had judgments delivered. It is widely recognised as a fact that the ILO typically returns the complaints to complainants or to the Office (in other words, doing nothing at all, sometimes citing inadmissibility). ILO is not at all effective at dealing with EPO complaints. The ILO has repeatedly complained that it's unable to cope with the load. It always blames the EPO.

"The EPO just implemented a workaround to more or less dodge compliance.""The judgments have been exceptionally delivered in two steps with 4 judgments on 30 November 2016," the EPO said. We'll get to that, as we have repeatedly covered these judgments last year.

"The EPO took specific measures to address the orders contained in the two judgments delivered in November 2016."

The EPO just implemented a workaround to more or less dodge compliance. We wrote about that. It's a total disgrace.

The EPO says: "These judgments concerned the composition of the Appeals Committee (No. 3785) and the competent authority to hear a request for review (No. 3796)."

This has not been addressed.

"Nice selective quoting right there."Now watch Team Battistelli leaping to exploit "immunity!" by stating: "The judgment delivered by the Dutch Supreme Court on 20 January 2017 whereby the Court upheld the legal protection available to staff of the EPO through the internal..."

What on Earth does it have to do with that? The judges there clearly did not understand, as per the ILO's own statements, that ILO was incapable of dealing with the EPO's 'scatterback' of complaints.

"As for the EPO," says the EPO, "33 judgments were delivered in total, with 2 judgments on 30 November 2016 and 31 on 8 February 2017. In his introductory statement of the public delivery on 8 February 2017, the President of the Tribunal noted with satisfaction that: safeguarding the role of the Tribunal in the legal protection of staff of international organisations."

"Notice terms like "high success rate". It's utterly offensive to the victims of Team Battistelli."Nice selective quoting right there.

"Out of the 33 judgments involving EPO, the following figures are worth highlighting. 25 judgments confirmed in full the position of the Office. This is a high success rate in absolute (i.e. when compared to the EPO's own figures) as well as relative terms (i.e. when the EPO is compared to other international organisations)."

Notice terms like "high success rate". It's utterly offensive to the victims of Team Battistelli.

"3 judgments in which the substance of the challenged decisions was not at stake but where, due to the length of the procedures, moral damages have been awarded to the complainants (Nos. 3782 and 3795 for the duration of the internal appeals procedure and No. 3792 for a medical issue)."

How much was that damage (compensation)? They don't want to say. It's so meager that it's typically offensive; it doesn't even cover the lawyers' bills.

"...Team Battistelli will brush these under the carpet.""2 cases were lost on the substance (No. 3781 regarding school fees - Article 120a ServRegs - and No. 3788 regarding the computation of reckonable experience)."

Yes, just 2.

"3 judgments referring cases back to the EPO for resuming the internal procedures, without any comment on the substance of the challenged decisions. The decisions concerned relate to the right to strike and the New Career system (Nos. 3786 and 3796)."

In other words, Team Battistelli will brush these under the carpet.

"On the substance the following needs to be highlighted. In judgments Nos. 3786 and 3796 the Tribunal confirmed its case law (No. 3700, consideration 7) concerning the competent authority to hear a request for review or an appeal. Hence the Tribunal interpreted the applicable provisions (Articles 107(2), 109(2), 109(4) and (110(1) ServRegs) as follows.

"For employees appointed by the President, all requests for review must be lodged with, and decided by, the President; For employees appointed by the Council: requests for review against individual decisions concerning them and taken by the Council must be lodged with, and decided by, the Council, whereas requests for review against individual decisions concerning them and taken by the President must be lodged with, and decided by, the President.

"Furthermore, the Tribunal conveyed the following messages to the stakeholders. Defendant organisations need to handle staff requests and internal appeals diligently (judgments Nos. 3782, 3795 and 3792). Thus the Tribunal confirms its case law that dealings between an organisation and its staff should comply with the duty of care and due diligence.

"The overall message from the EPO: don't complain about the EPO.""Complainants should pay attention to the following messages. Care needs to be taken to identify the right decision to be challenged and to exhaust all internal means of redress before filing a complaint (judgments Nos. 3779, 3780, 3791, 3811).

"If a given situation has already been settled through previous judgments further cases raising the same topic will therefore be rejected on the same grounds (judgments Nos. 3786, 3789, 3806, 3810)."

More creative nitpicking:

"Several cases were found to be clearly devoid of merits as they raised "entirely unsubstantiated allegations [of harassment] and amount[ed] to mere assertions" (judgment No. 3806, consideration 6) and a further complaint was considered as being "no more than a collateral attack on judgment 3426" (judgment No. 3807, consideration 4) or "speculative assertions" (judgment No. 3808, consideration 5).

"Contact Claude Rouiller (ILOAT) at claude.rouiller@hispeed.ch to tell what the EPO thinks of his Tribunal.""To conclude, the Tribunal stressed again the respective responsibilities of the stakeholders for the functioning of the legal protection of staff through a system of internal and external means of redress. It is of paramount importance for all stakeholders to preserve it by using it in line with the above."

The overall message from the EPO: don't complain about the EPO. The ILO is too weak and understaffed to handle these complaints and we'll waste EPO budget on lawyers who will exhaust them to the point of inaction.

Of course, anyone who read the above message might have been led to the belief that all is "greener pastures" at EPO and Battistelli is just a victim of meritless complaint. Contact Claude Rouiller (ILOAT) at claude.rouiller@hispeed.ch to tell what the EPO thinks of his Tribunal. It's disgraceful. He ought to know about this.

Recent Techrights' Posts

Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
 
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day