Bonum Certa Men Certa

Better Late Than Never: ILO Subjects the EPO's Management to Some Belated Justice (Sans the Removal of Immunity, so Nobody is Being Held Accountable)

Video download link | md5sum 2df8a649d4e4f273063b25e62fde9ca7 ILO Smackdown Creative Commons Attribution-No Derivative Works 4.0



Summary: There's some good news from Geneva; the EPO is being served many rulings that reaffirm its negative stigma in spite of António Campinos wasting millions of Euros on lawyers who fight his own staff [1, 2]

TODAY is a pretty "crazy" day for us, so we cannot cover EPO affairs as much as we'd like*.



We've decided it's best to focus on Git and IRC, but meanwhile a lot is happening at the EPO. As noted by the staff union this morning, there's belated coverage here about "industrial action at the EPO" and some decent early comments like: "Well, according to Management, Quality is Quantity." Another person has said: "It is amazing that the tenant of the 10th floor has not yet attempted to restaure the preceding situation. The EPO is held hostage by a clique of people who behave like the worth employers of the 19th century. The tenant want to extend his contract! He was called in to restaure social peace but has not done one thing in this respect! A shame on the AC!"

The staff union has meanwhile translated the article into German [PDF] and French [PDF].

Similarly, the staff union produced German [PDF] and French [PDF] versions of the document discussed in the video above. As promised in the video (recorded about 2 hours earlier than this post), for the PDF-lazy we're producing an HTML equivalent:

24 February 2022 su22012cp – 0.2.1/5.1/5.2

EPO cases of the 133rd Session of the ILOAT: The most salient judgments



In its 133rd Session, the Tribunal ruled on 51 cases among which 12 EPO cases. For the second time after the judgments on the unlawful strike regulations, the Tribunal ruled in Judgment 4482 that an EPO reform, “Social Democracy“, breached the fundamental right to freedom of association. Judgments 4488, 4489 and 4490 sanctioned the EPO’s institutional harassment of a former Principal Director and awarded above 250.000€ of damages in total. Judgment 4491 ordered the reinstatement of a single mother with babies (at the material time) unlawfully charged with fraud by the Investigative Unit which made an unfair and distorted analysis of the facts. This paper provides more details.

GENERAL DECISION AND RIGHT TO FREEDOM OF ASSOCIATION

Judgment No. 4482

The right to freedom of association implies the right for staff associations to regulate their own affairs, including the election of staff representatives. The Tribunal quashed Article 6 of CA/D 2/14 introducing Article 35(5) ServRegs and Circular No.355.

At the outset, the Tribunal recalled that, if in principle, a general decision cannot be challenged by a staff member unless and until an individual decision is taken adversely affecting the staff member, an implementing decision is not required in cases where the general decision has an immediate and adverse effects on individual rights.

The Tribunal developed a two-part test for the receivability of a direct challenge against a general decision: (1) the existence of an individual right, (2) whether the decision has an immediate and adverse effect on this individual right.

On the existence of an individual right, the Tribunal recalled that the right to associate freely, which encompasses the right to strike has long been recognized by it for officials of international organizations and is protected under Article 30 ServRegs as a term of appointment for EPO staff, thus acknowledging it as an individual right. Of importance, the Tribunal equally based this recognition on various international instruments, including the 1998 ILO Declaration on Fundamental Principles and Rights at Work, the 1966 ICCPR and the 1966 ICESC.

On the immediate and adverse effect on the right to associate freely, the Tribunal recalled that international organizations must refrain from interfering in the affairs of staff




associations or unions, which have the right to manage their own affairs, including the right to freely elect their representatives, irrespective of whether or not the associations/unions are established or operate under the organization's staff regulations.

Consequently, the Tribunal ruled that the new regime was in violation of the right of staff to freely associate. The Tribunal quashed Article 6 of CA/D 2/14 which introduced Article 35(5) ServRegs and Circular No.355 without retroactive effect - an intrusion into the powers of the Administrative Council justified by the fundamental nature of the right protected. The Tribunal ordered that former Article 35(6) ServRegs applies mutatis mutandis to the future elections of staff representatives for the Staff Committees.

UNLAWFUL DECISION OF TRANSFER AND OPINION OF INTERNAL APPEAL BODY

Judgment No. 4488

Deference given to the decision of an internal appeal body on an unlawful transfer decision that did not respect the dignity of the staff member being assigned to a post that did not correspond to the same level of duties. The Tribunal set aside the impugned decision and awarded 35,000€ in moral damages.

In this case, the Complainant challenged the decision to transfer her to another post. Insofar as the favorable opinion from the Internal Appeals Committee (“IAC”) was not followed by the President in the final decision, the Complainant requested the Tribunal to set aside the said decision and to award her material damages for loss of income as well as moral damages.

The IAC applied the test under Judgment No. 2819, comparing the assigned duties in the newly created post with the general duties of an A6 post, and found that the level of duties assigned to the post where the Complainant was transferred did not correspond to the requirements for an A6 grade post. The IAC thus unanimously concluded that the transfer was unlawful and did not respect the Complainant’s dignity.

On the EPO’s decision not to follow the unanimous recommendation of the IAC, the Tribunal found the arguments contained in the impugned decision unconvincing as the EPO is bound by its own rules. In particular, the Tribunal recalled that the report by an internal body warrants considerable deference where (1) the report involves a balanced and thoughtful analysis of the issues raised in the internal appeal, and (2) its conclusions and recommendations are justified and rational.

For those reasons, the Tribunal ordered that the impugned decision be set aside, 35,000€ in moral damages and 1,000€ in costs.

ARBITRARINESS AND PERFORMANCE EVALUATION

Judgment No. 4489

Arbitrariness in the completion of the performance management report leading to moral injury. The Tribunal awarded moral damages to the Complainant.




In the present case, the Complainant challenged the amount of moral damages paid to her by the EPO for the decision not to finalize her two performance management reports for 2011 and part of 2012.

The Tribunal examined the approach of the Appeals Committee (“ApC”) in the present case. Notably, the Tribunal agreed with the ApC that the statutory requirements concerning management reports had not been met and that it existed a direct relationship between the Complainant’s performance management reports and the end of her contract. However, it diverged from the ApC’s reasoning, finding that the President’s refusal to sign the 2011 and 2012 reports was arbitrary.

On the relief sought, the Tribunal held that the Complainant was entitled to 10,000€ in moral damages for the failure to complete the performance reports and in addition to moral damages already paid by the EPO for the President’s arbitrary decision. Moreover, the Tribunal found that the 300€ recommended by the ApC for the length of the internal proceedings failed to compensate the moral injury suffered by the Complainant, recognizing that the delay of five years “would plainly have had a deleterious effect on the Complainant” and decided to award 3,000€ in moral damages.

However, regarding the claim for material damages, the Tribunal found it to be inadmissible as it had not been introduced during the internal proceedings.

ABOLITION OF POST AND CONSTRUCTIVE DISMISSAL

Judgment No. 4490

Assessment of material damages in the case of an unlawful decision not to renew a contract after the abolition of a post and constructive dismissal. The Tribunal assessed the loss of future income and awarded 200,000€ in material damages and 20,000€ in moral damages.

In this case, the Complainant challenged the amount of damages awarded for the unlawful decision not to renew her contract and to reinstate her in a lower-level post instead.

The Tribunal found that the material damages in cases of unlawful dismissal, where reinstatement is not ordered, are “the lost future income in the position with the organisation adjusted by an assessment of whether the staff member would have remained in that position and, if not, also adjusted by future income from other employment (see Judgment 4234, consideration 10). This assessment can also be approached compendiously by assessing the value of the lost opportunity to remain in employment (see, for example, Judgment 4305, consideration 14) (consideration 12).” The Tribunal further stated that the financial effect on the Complainant of the unlawful decision should be assessed by reference to the circumstances existing at the time the decision was made.

In the present case, the Tribunal considered that the Complainant’s unlawful dismissal occurred on the day of her resignation, which coincided with the date of expiry of her contract and the effective date of the abolition of her post (constructive dismissal). As such, the assessment of her damages for unlawful constructive dismissal is the same in substance as for an unlawful abolition of the post leading to an unlawful non-renewal.




Therefore, the Tribunal assessed the loss of future income. The Tribunal held that there was a real prospect that the Complainant’s contract would have been renewed for the period pending her retirement, had the decision been taken in good faith. The Tribunal also considered that the contract could have been lawfully not renewed and thus decided to award the Complainant 200,000€ in material damages.

With regard to moral damages, the Tribunal found that, contrary to the ApC’s finding, the Complainant’s claim did not depend on proof of harassment. Indeed, as evidenced by her letter of resignation and her recent medical certificates showcasing the deterioration of her health, the unlawful decision to abolish her post and to not renew her contract had a serious and negative effect on the Complainant’s health and well-being, resulting in her resignation. The Tribunal awarded the Complainant 20.000,00€ in moral damages.

STANDARD OF PROOF BEYOND REASONABLE DOUBT AND DISMISSAL FOR SERIOUS MISCONDUCT

Judgment No. 4491

The Tribunal considered that the misconduct has not been established beyond reasonable doubt. It considered that the Complainant never had the benefit of the doubt and awarded her €30,000 in moral damages.

In the present case, the Complainant challenged the decision to dismiss her with immediate effect for serious misconduct and requested her reinstatement with retroactive effect and moral damages.

At the outset, the Complainant being charged with fraud (and misrepresentation), the Tribunal defined it as the intention to obtain financial advantage by deception. The Tribunal therefore recalled the essential principles applicable to disciplinary proceedings:

- A staff member accused of wrongdoing is presumed to be innocent and is to be given the benefit of the doubt. - The burden of proof of allegations of misconduct falls on the organization. - The organization must prove the misconduct beyond reasonable doubt. - The Tribunal will not ordinarily engage in the determination of whether the burden of proof has been met but rather will assess whether a finding of guilt beyond reasonable doubt could properly have been made.

Applying these principles to the present case, the Tribunal found that the Complainant was never given the benefit of the doubt during the investigative process and the disciplinary proceedings, in particular it considered that an unfair and distorted analysis of the facts had been made. The Tribunal was not satisfied that the misconduct was proven beyond reasonable doubt. The impugned decision was set aside, and the Tribunal considered that in view of the circumstances, the reinstatement of the Complainant was appropriate and awarded her 30,000€ in moral damages and 8,000€ in costs.

SUEPO Central


Interesting times ahead. Notice what the 'Stasi' of 'Sun King' did to an innocent mother. That's why such a gestapo-like regime ought not exist in the first place. In just a few years Benoît Battistelli stained the reputation (probably irreversibly!) of an institution almost half a century old. And yet, there's no plan to punish Battistelli himself... _________ * As a matter of priority, we've decided to do 4 videos, focusing on: 1) Red Hat hiring from Microsoft 2) the biggest Diapora* pod shutting down; 3) gemini:// in Daily Links and IRC 'enhancements'; 4) EPO matters, albeit in brief.

Recent Techrights' Posts

EPO Examiners Point Out to the Heads of Delegations in the Administrative Council of the EPO That the "AI Policy" of the Office is Illegal
"the Central Staff Committee (CSC) asks the Administrative Council to exert its supervisory role and instruct EPO management to enter into genuine dialogue with the staff representation on the AI Policy, to revise the “Leverage AI” target of 90% AI-automated classification in the SP2028 and to put in place the measures supported by staff in the resolution."
French Cities Dumping Microsoft Because They Recognise Software Freedom, Open Standards, GNU/Linux Autonomy
We hope that more French cities - maybe Paris - will follow Lyon.
LWN is a Voice of GAFAM (Through Linux Foundation, Their Front Group or Occupying Force Inside Linux)
remember who the chief editor works for and who sponsors many of the articles
The 'Case' of the Serial Strangler From Microsoft is a Lot of Copypasta (Maybe Also LLM Slop) From the Matthew Garrett 'Case'
5RB deserves to know and the matter shall be properly reported in due course (when the time is right)
EPO Squeezing the Staff - Part II - Office Breaks Rules, Ignores Courts, Defies Justice
False promises everywhere
IBM - Like Microsoft - is a Dying Company and Perishing Brand ("AI" is a Lie and Decoy)
"Arvind is cutting costs (layoffs, PIPs, forced RTO, etc...) like crazy. IBM offices are closing all over the place in the US."
"Code of Conduct" Invoked When Fedora and Red Hat Users (Since the 1990s) Don't Want to Use Wayland
That is IBM "DEI"
Microsoft Layoffs Next Week: About 10% to be Laid Off in Microsoft Gaming (2 Days Before Independence Day), About 20%+ of XBox Staff
Microsoft is rapidly collapsing
 
Keeping Things Accessible
Gemini Protocol seems to be growing
Technical People Need Technical Lawyers
Technical Litigants in Person (LIPs) have many real and concrete advantages
10,000+ Articles in About 20 Months (and How We Got Here)
More bloat does not beget efficiency and "bells and whistles" tend to have a hidden cost
Links 26/06/2025: Illegal Kangaroo Court (UPC) Failing Scandinavia, K-Pop Agencies Abuse People
Links for the day
Gemini Links 26/06/2025: AuraGem Twitch Proxy is Back and UI Sluggishness
Links for the day
Links 26/06/2025: Noise Pollution Considered High in Europe, Mass Layoffs Next Week in Microsoft Confirmed, Very Large in Scale and Scope
Links for the day
No, I Don't Want Your Latest XYZ, ThankYouVeryMuch...
Wayland is finally ready?
China Keeps Breaking Into Microsoft Systems, So for True Sovereignty, Nations Wary of China Need to Dump Microsoft
Looking at data from Taiwan (not China) and Maharlika (not Philippines, the king is dead and Spain is out), there are encouraging signs
Linux Journal Wants Ads on Its LLM Slop or Ads as 'Articles'
it's basically another BetaNews
How to Kill a Monopoly
in 10 simple steps
Mozambique: GNU/Linux Rose From 0.5% Last Year to 3% This Year
what (or how) statCounter is measuring
Next Month Marks 11 Years Since Our In-Depth EPO Coverage
The same is happening to Microsoft right now
Free Software Foundation (FSF) Campaigns Against Vista 11, Adds 4 New Associate Members Per Day
If more people understood the underlying principles, more of them would flock to Free software overnight
Canonical Seems to Have Culled Some Sources of LLM Slop From Planet Ubuntu
It's like "junk food", it's not information
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 25, 2025
IRC logs for Wednesday, June 25, 2025
On "Weak Claims"
For the record, they sent me unjustified threats, repeatedly tried injunctions (censorship)
EPO Squeezing the Staff - Part I - Burnout and Family Health
more exceptional circumstances
This Month's Mail (MX) Server Survey Shows Microsoft at 0.20% "Market Share"
We need to remind people that desktops and laptops decline (in proportion to other client devices) and at the "back end" GNU/Linux is already dominant and has long been dominant
Links 26/06/2025: Filespooler Guide and Learning to Code
Links for the day
Why Techrights Cannot be Vilified (and Instead It Gets SLAPPed Repeatedly by Microsoft People)
Attack dogs are all "bark"; because they have no actual "bite"
Austrian GNU/Linux Usage Up to About 5% as More of Europe Abandons Microsoft
Since inauguration day the Austrian people have adopted more and more of GNU/Linux
Why the "Wayland People" and "Rust People" Will Lose Hearts and Minds (Same Reasons)
Wayland pushers are fast becoming like "Rust People"
5,600 Pages/Articles Per Year
So far this year we've kept all the promises
BetaNews Beginning to Show What Its True Goals Are
The 'new' BetaNews won't be about journalism. It's trying to sell things.
Microsoft Has Lost "The War"
We'll soon see the 9th or 10th wave of Microsoft layoffs in 2025 alone
Slopwatch: A Wreck and a Dreck, "Flooding the Zone With Dreck" or Flooding the Web With Junk
"Slopwatch" continues today because we have many new examples
Links 25/06/2025: Thwarting More Software Patents, Overlap Grows Between EPO Corruption and Illegal Kangaroo Patent Courts in EU
Links for the day
Links 25/06/2025: Elon Musk’s Lawyers Caught Lying, WhatsApp Faces More Bans
Links for the day
Wayland Pushers Lose the Argument, Use LLM Slop and Chatbots to Make Up Arguments for IBM
Another new low and low blow
Brian Fagioli Created Another Slopfarm Targeting "Linux" After BetaNews Became a Slopfarm of Phantom Accounts and Pseudonyms
Mr. Fagioli even had slop about a dead Torvalds (hypothetical) as clickbait
Wayland is Perfect, Nobody Can Escape Its Perfection! (Or Not)
Do not form on opinion on Wayland based on politics
What is "MATA"?
Think of it as GAFAM or "Meta"
Moral Duty for "Linux Sites" to Speak Out Against LLM Slop
My wife has long complained about "Linux bloggers" keeping quiet and thus passive about a growing problem: slop
In Recent Hours Google News Promoted at Least 3 Slopfarms That Relayed Linux Foundation Propaganda Made by Bots or LLM "Bullshit Generators" (as Dr. Stallman Dubbed Them)
Google is circling down the drain and Google News too is hopeless
Linux Journal is a Slopfarm, It's Experimenting With LLM 'Authors'
Is Slashdot next?
WebProNews is a Slopfarm
Please avoid linking to WebProNews
Microsoft LinkedIn is Dying and Many More Layoffs Are on the Way
LinkedIn is just a failed acquisition of Microsoft. It causes losses and debt.
Gemini Links 25/06/2025: Combinatorial Music and Self Hosting
Links for the day
Richard Stallman Coming Back to Europe This Autumn to Give More Talks
His last talk in Europe attracted about 400-450 people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 24, 2025
IRC logs for Tuesday, June 24, 2025
Social Control Media, Technology & Catholicism: Synod on Synodality review and feedback
Reprinted with permission from Daniel Pocock
How Many More Women Will Managers at Microsoft Strangle and Tell to Kill Themselves (or Try to Kill)?
The world needs to know what happened
The New BetaNews: 7 New 'Articles', All of Them LLM Slop
BetaNews is basically defunct. Nobody writes there anymore.
Another "Told You So!": XBox Mass Layoffs at Microsoft (Many Recent Reports Were Chaff and Spin), Many Other Divisions Affected
With mass layoffs at Microsoft the world would be much better
statCounter Estimates Only 1 in 300 Iranians Would Use Microsoft for Search
Iranians don't quite trust Microsoft
Gemini Links 24/06/2025: ftpd on FreeBSD and Online Small Web Magazine
Links for the day
Google News Does Great Harm by Promoting Slopfarms as Legitimate News Sites
Slopfarms are sites which are 100% LLM slop
Links 24/06/2025: Trouble at "Open" "AI" and ‘Siarhei is Free’
Links for the day
Gemini Links 24/06/2025: Stimulants and Subscription Costs for DRM
Links for the day
When the Microsoft Aggressors Rely on Several Law Firms ('Attack Dogs', 'Guns for Hire'), Not Just One, Lawyering Up Against Techrights (Acting on Behalf of Americans Against UK Publishers)
From serving customers at some restaurant he has moved on to bullying people with demand letters
Links 24/06/2025: OpenAI [sic] May Soon Die (Too Much Debt) and Social Control Media Accused of Being Misinformation/Disinformation/Propaganda Amplifier
Links for the day
Nirbheek Chauhan in Planet GNOME Explains Why Wayland Pushers Are Losing
"A strange game. The only winning move is not to play."
Polygamy, from Catholic Synod on Synodality to Social Control Media & Debian CyberPolygamy
Reprinted with permission from Daniel Pocock
Only a Third of or 1 in 3 Web-Connected Devices is a Desktop or Laptop, According to statCounter
we can expect Android to widen its lead
The Days Are Getting Shorter, the First Half of 2025 is Almost Over
We're gratified to see significant increase in traffic and also positive feedback on the work we do
Turning GNU/Linux Into a Political Football
X (not the site) is Free software
X Server Still Works for Many People
A lot of people will grow suspicious of Wayland boosters/pushers if they persist and insist on using these tactics
Exactly a Week Ago "BetaNews Staff" Said "Betanews Is Growing Alongside You". Since Then Every Article (All by "Camila Nogueira") Has Been LLM Slop.
BetaNews is basically a slopfarm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 23, 2025
IRC logs for Monday, June 23, 2025
The "Tarzan Effect" in Compilers and Software
What happens when you forcibly make things 'work', either by hacks or by disregarding warnings (like those that compilers tend to issue)?
Gemini Links 23/06/2025: Mass Tourism, Hair Love, and Google Gemini as a Googlebomb
Links for the day