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Judgment No. 2562

Decision

The complaints are dismissed.

Considerations 5 and 6

Extract:

The Organisation submits that the complaints are irreceivable because the internal appeals, although timely filed with the President of the Office, had not yet been considered by the Appeals Committee at the time when the complaints were filed. "The EPO cannot be heard to argue that the complainant has failed to exhaust internal means of redress when the sole reason for his failing to do so was the EPO's own failure to abide by its own Service Regulations and to follow the timelines under Article 109(2). [...] The complaints are [therefore] receivable."

Reference(s)

Organization rules reference: Article 109(2) of EPO Service Regulations

Keywords

complaint; absence of final decision; grounds; receivability of the complaint; internal appeals body; internal appeal; internal remedies exhausted; time limit; patere legem; staff regulations and rules; breach; provision; executive head; date

Consideration 10

Extract:

"[T]he Tribunal has consistently held that individual members of the Staff Committee must have the power to file suit as representatives of that body (Judgments 1147, 1269, 1315, 2036). The rationale is that if the Staff Committee is not able to file suit, the only way to preserve common rights and interests of staff is to allow individual officials to act as representatives (see Judgment 1315, under 8, referring to Judgment 1269, under 13)."

Reference(s)

ILOAT Judgment(s): 1147, 1269, 1315, 2036

Keywords

grounds; international civil servant; right of appeal; case law; staff member's interest; collective rights; staff union; staff representative

Consideration 12

Extract:

"The Tribunal's case law has determined that the head of an international organisation has the 'executive authority to assign staff to different posts' (Judgment 534), and 'is empowered to change the duties assigned to his subordinates' (Judgment 265)."

Reference(s)

ILOAT Judgment(s): 265, 534

Keywords

international civil servant; organisation; iloat; case law; amendment to the rules; assignment; post; supervisor; discretion; executive head



 
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