Bonum Certa Men Certa

When EPO Does Not Control and Coerce the Judges — Part II — ILOAT Judgment No. 4550

Series parts:

  1. When EPO Does Not Control and Coerce the Judges — Part I — ILOAT 134th Session: Two More Bittersweet Victories for EPO Staff
  2. YOU ARE HERE ☞ ILOAT Judgment No. 4550


Campaign of managerial bullying and 'moral harassment' from Benoît Battistelli his 'Human Resources' enforcer Elodie Bergot
Back in the day, EPO staff protested vigorously against the campaign of managerial bullying and "moral harassment" which Benoît Battistelli (l.) and his "Human Resources" enforcer Elodie Bergot (r.) conducted against CSC appointees Michael Lund and Aurélien Pétiaud.



Summary: Case 4550 [PDF] was lost by EPO management last week [1, 2] at the Administrative Tribunal of the International Labour Organisation (ILOAT); today we look closely into it

In the case of Judgment No. 4550, the complainant was Michael Lund from Denmark (now retired) and it’s worthwhile recalling the full background to this particular matter.



Back in 2014, Michael and his French colleague Aurélien Pétiaud [PDF] were members of the EPO’s Internal Appeals Committee (IAC). [PDF]

The IAC deals with appeals filed by EPO staff against management decisions and it is a "joint body" comprising members appointed in equal numbers by EPO management and by the Central Staff Committee (CSC).

Michael and Aurélien were not elected staff representatives but rather they were staff members with a recognised level of legal expertise who enjoyed the confidence of the CSC and had been nominated by it as members of the IAC.

At some point in 2014, their heavy workload did not allow them to deal with all of their tasks as IAC members, which include “completing opinions or dissenting opinions following the hearings and sessions within the deadlines provided.”

Michael and Aurélien had to make a difficult choice: either stop writing dissenting opinions on cases of previous sessions, or refuse to work on new cases. They made a decision not to attend an upcoming session of the IAC.

"Michael and Aurélien were not elected staff representatives but rather they were staff members with a recognised level of legal expertise who enjoyed the confidence of the CSC and had been nominated by it as members of the IAC."Battistelli was furious and threw one of his famous "tantrums". He accused them of insubordination and instructed his HR "dompteuse" Elodie Bergot to have them subjected to a politically-motivated disciplinary proceedings which led to their downgrading.

Michael was accused of obstructing the work of the IAC by refusing to attend a session of the committee. He was further accused of having committed, in the framework of the disciplinary proceedings, an additional actionable offence by disclosing confidential and personal appeal-related information to unauthorised third parties.

The majority opinion of the disciplinary committee recommended that the charges against Michael be dismissed. However, a minority found a breach of duty and recommended downgrading by a single step.

True to form, Battistelli ignored the majority opinion and decided that Michael should be downgraded in accordance with the minority opinion. However, Battistelli decided that the relegation in grade should be three steps - that is to say, two more than recommended by the minority opinion.

Both Michael and Aurélien appealed against their downgrading but they lost their cases before the ILOAT: Judgment no. 3971 of the 125th session (Aurélien) and no. 4050 of the 126th session (Michael).

"True to form, Battistelli ignored the majority opinion and decided that Michael should be downgraded in accordance with the minority opinion. However, Battistelli decided that the relegation in grade should be three steps - that is to say, two more than recommended by the minority opinion."ILOAT Judgment No. 4050 [PDF] - delivered on 26 June 2018 following the 126th session of the Tribunal under the presidency of Italian judge Giuseppe Barbagallo - dismissed Michael’s complaint. The judgment focused on a single aspect of the case – Michael’s non-attendance at the IAC session - while ignoring the pertinent factual circumstances and dismissing what seem to be his valid reasons for not being able to participate in that session. Aurélien Pétiaud’s complaint had already suffered a similar fate during the preceding ILOAT session.

Amongst EPO staff [PDF], the disciplinary measures against Michael and Aurélien were widely perceived as being politically motivated. These managerial actions were seen as part of a vicious campaign of bullying and "moral harassment" conducted by Battistelli and his minions, in particular Elodie Bergot, against staff representatives and their nominees on the EPO’s joint bodies.

Nevertheless, in its judgments relating to these disciplinary cases, the Tribunal showed no understanding of the difficult situation in which Michael and Aurélien found themselves and it somehow managed to find the sanctions imposed on them to be “within the range of acceptability” or “not to be disproportionate”.

Battistelli for his part was not content with the imposition of disciplinary sanctions on the CSC-appointed members of the IAC. He wanted to punish them further for their perceived "insubordination" and so he decided to prematurely terminate their terms of office on the IAC.

"Amongst EPO staff, the disciplinary measures against Michael and Aurélien were widely perceived as being politically motivated."This was accomplished by means of the notorious "reform" bearing the title of "Social Democracy" - CA/D 2/14 [PDF], which was adopted by the Administrative Council of the EPO on 28 March 2014 on the basis of a proposal submitted to it by Battistelli.

Amongst other things [PDF], Battistelli’s Orwellian "Social Democracy" substantially restricted the CSC’s power to appoint its nominees to the EPO’s various joint bodies. It required the CSC to henceforth choose amongst its own elected members, whereas previously it could choose freely among all staff in active employment.

This meant that when CA/D 2/14 entered into effect on 1 April 2014, Michael and Aurélien and all other non-elected CSC nominees were no longer permitted to serve on the joint bodies to which they had been appointed.

The premature termination of Michael’s IAC appointment on the basis of CA/D 2/14 forms the subject of ILOAT Judgment no. 4550.

In this case, the Tribunal found in Michael’s favour, noting that "CA/D 2/14, by restricting the Staff Committee’s choice of persons it could appoint as members of the Appeals Committee, had a significant negative impact ... on the quality of staff representation within the Appeals Committee and, consequently, on the composition of that joint body, which is no longer balanced."

According to the Tribunal:

"…the obligation imposed on the Staff Committee to choose the members to be appointed on the Appeals Committee exclusively from among its own members substantially undermined, in various respects, the quality of the effective representation of staff on that body."


The Tribunal dismissed the EPO’s unsubstantiated and manifestly bogus claims to the effect that the impugned measures had been aimed at "improving the conditions of staff representation within the Organisation", noting that the CSC was clearly opposed to these measures and that there was no evidence that the Organisation was responding to a wish expressed by staff members.

According to the Tribunal:

"The EPO’s argument cannot therefore lawfully warrant the violation of the employees’ right to freely associate by restricting the Staff Committee’s powers and undermining the quality of staff representation on the Appeals Committee."


However, despite the fact that the Tribunal found in favour of the complainant, it dismissed his claim for "exemplary damages" against the EPO and merely awarded the paltry amount of € 100 as "moral damages" along with a further € 500 in costs.

"Battistelli for his part was not content with the imposition of disciplinary sanctions on the CSC-appointed members of the IAC."In the next part we will look at Judgment no. 4551, the second case from the 134th session which confirms breaches of the fundamental rights of EPO staff due to the arbitrary and unlawful censorship of mass e-mails by the Office management.

Recent Techrights' Posts

'Official' Debian Sites That Sell Proprietary and Surveillance
"Azure API throttling strikes back"
The Latest Microsoft Layoffs Are a Wake-up Call: The Company is Running Low on Money
in most areas it is not even profitable
Software Freedom Month at NITK Surathkal and Yesterday's Talk by Richard Stallman
the message being spread by the person who started it all
Richard Stallman Has Another Talk in India Tomorrow, at Least Fourth India Talk in Recent Days
In the past month he has given at least half a dozen talks
GNU/Linux Reaches All-Time High in the United States, Based on statCounter
Windows is the loser; GNU/Linux grows at its expense
statCounter Reckons Less Than 10% in Mexico Still Use Windows to Access to Web and GNU/Linux Surges to All-Time High (Plus, Microsoft's Latest Debt Crisis)
Looking at Mexico in isolation
 
A Lot of Stuff About "Linux" in Google News is LLM Slop, Fake 'Articles'
It seems to be getting worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 04, 2025
IRC logs for Tuesday, February 04, 2025
statCounter: Only 1 in ~40 Web Users in Ireland Uses Microsoft Browser, One in Six Uses Windows
When/if Windows market share goes down, so will Edge
Links 04/02/2025: Social Control Media Bans and US Fighting Its Allies, Not Russia
Links for the day
Links 04/02/2025: Birth of a Calf, FOSDEM, and More
Links for the day
Anti-Linux FUD Sites cybersecuritynews.com and gbhackers.com Turn Out to be LLM Slop, Even Plagiarism That Spreads Lies
Beware false headlines and fake text from cybersecuritynews.com and gbhackers.com
BetaNews Began Removing LLM Slop About "Linux", But More of It Keeps Coming From Guardian Digital, Inc (at linuxsecurity.com)
the other Serial Slopper, Guardian Digital, Inc
Mollamby, Suicide Cluster, not trademark, the real reasons for Debian legal expenses, evidence
Reprinted with permission from Daniel Pocock
Links 04/02/2025: Mass Layoffs at Salesforce, Economic Pressures, Trade Wars
Links for the day
[Video] Richard Stallman Auctioning a GNU (Gnu) at Surathkal, India
clip is only a minute-long
statCounter: GNU/Linux and ChromeOS Now Measured at 2.78% in Japan (It Used to be Less Than 0.5%)
really 'took off' half a decade ago
LLM Hype (Chatbots Hyped and Wrongly Characterised as "Artificial Intelligence") Cause Net Inflation
Net as in Internet, not limited to the Web
It Looks Like BetaNews' Managing Editor Wayne Williams is Taking Over From Fagioli After Repeat Pattern of LLM Slop (State-of-the-Art Plagiarism) About "Linux"
The most plausible explanation is, Fagioli got caught or his conduct could no longer be ignored
From India to Italy: Richard Stallman's Next Talk is Next Week in Torino
Announced less than a day ago
Corporate Media is Intentionally Lying for Microsoft, There's Now a Hiring Freeze, No Replacements for Workers Laid Off in Two Mass Layoffs Last Month
Maybe the media - at least some of it - actually deserves doom. If it covers up for the powerful to muzzle and gaslight the oppressed, then what sort of media is that anyway?
Gemini Links 04/02/2025: Tolkien and New Job
Links for the day
Covering EPO Scandals in an Age of Mass Censorship (and Europe Being Afraid to Introspect, for It Might "Help Putin")
It was all along expected that "external enemies" would be invoked to suppress discussion about EPO crimes
Facebook Finally Admits That It Censored Linux and Banned People for Mentioning It; statCounter Shows Rapid Growth for GNU/Linux in Southeast Asia
So GAFAM is losing its power
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 03, 2025
IRC logs for Monday, February 03, 2025
Links 03/02/2025: Recent Security Holes and Environmentalism
Links for the day
Gemini Links 03/02/2025: X-less English Alphabet and antiX
Links for the day
All Efforts to Censor Techrights Have Always Failed
In 2026 We can make it to 20 years of source protection
Microsoft Bing Lies
When they say "China" or "DeepSeek" censors things don't lose sight of Microsoft
Disappointing 'Results' and Mass Layoffs (Without Severance Pay) Sank Microsoft, But It's a Lot Worse Than Shareholders Care to Realise
People are losing their patience
statCounter: In Web Browsers, Microsoft Collapses to Worst Levels in 2 Years!
Microsoft nowadays insists that it is a "market leader" in a market that does not exist
statCounter: Apple's iOS About to Exceed Windows in Terms of "Market Share" (Despite Windows Being 'Sold' for Less)
Vista 11 is only about 5% of the "market share"
statCounter: GNU/Linux Reaches New All-Time Highs in Brazil and Argentina, Android Has Reached 60% in South America
Microsoft cultivating buzzwords and cult-like thinking, not real products
The Media Does Not Properly Report Microsoft Profits and Losses (It's Partly Intentional)
So how many Vista 11 (preloaded) copies were sold with new PCs?
Links 03/02/2025: Microsoft's Termination Controversy and EU Hey Hi (AI) Act Compliance Day
Links for the day
It Seems Like BetaNews is Finally Deleting Fake 'Articles' About "Linux" by LLM Slop (aka Brian Fagioli)
Is BetaNews finally taking these problems more seriously?
Gemini Links 03/02/2025: Art is Process, Smartphones, Internet, and More
Links for the day
Links 03/02/2025: USAID Under Attack, Vista 11 Breaking Itself Again
Links for the day
Copyleft is the Way to Go (Unless You're an Unpaid Volunteer of GAFAM)
The GPL 'family' of licences is very old and those licences were last revised in 2007
statCounter's Numbers Make Sense Given Microsoft's Falling Windows/Client Revenue
There are already articles (some last week) saying that XBox should just be ended
About 1 in 10 Laptops/Desktops in Venezuela and Cuba Uses GNU/Linux
statCounter says GNU/Linux now exceeds 10% in Cuba
At Microsoft, Promoting Back Doors, Proprietary Lock-in and Mass Surveillance Under the Guise of Diversity ("Microsoft Philanthropy Team")
Microsoft staff enters NGOs to lobby for Microsoft and sell for Microsoft
statCounter: Android Share in Operating Systems, Per Country
Towards the bottom there are poorer countries
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 02, 2025
IRC logs for Sunday, February 02, 2025
statCounter: New Record Highs for GNU/Linux in Its Birthplace
So Microsoft is in a tough place
statCounter: In Canada, New Lows for Windows and Bing is Perishing
Windows has fallen to about 60% in desktops/laptops