Judgment No. 3617
1. The decisions of 16 December 2009, 4 February 2010 and 19 June 2013 are set aside.
2. The EPO shall pay the complainant 10,000 euros in compensation for the moral injury resulting from the decisions which have been set aside.
3. It shall pay her 1,000 euros in moral damages for the excessive length of the internal appeal proceedings.
4. It shall also pay her 1,000 euros in costs.
5. All other claims, insofar as they are not moot, are dismissed.
The complainant challenges the decision requiring her to undergo a medical examination during the investigation of her complaint of harassment and the dismissal of that complaint.
complaint allowed; decision quashed; inquiry; medical examination; harassment
The Tribunal notes that the reasons given to the complainant to justify the decision requiring her to undergo a medical examination are confined to a general reference to the protection of her health and well-being and to the EPO’s duty of care towards her. Such terms are meaningless unless they are accompanied by more precise information enabling the employee and, as the case may be, the Tribunal to ascertain the real reasons underpinning the decision taken, especially when it involves a measure, such as requiring an employee to undergo a medical examination, which should be hedged with safeguards.
The Tribunal therefore considers that the complainant was insufficiently informed of the reasons why she had to undergo a medical examination and that she was thus prevented from challenging the grounds for this decision in full knowledge of the facts.
ILOAT Judgment(s): 2124