Judgment No. 3890
The complaint is dismissed.
The complainant impugns the decision to reject his internal appeal.
summary procedure; complaint dismissed
[A]ccording to the Tribunalís case law, a complainant cannot challenge a measure which is only a step in the process of evaluating the performance of employees. It is firmly established by the case law that a measure of this kind can only be challenged in the context of an appeal against the final decision taken at the end of the process in question (see, for example, Judgments 2366, consideration 16, and 3198, consideration 13). The Tribunal re-affirmed this approach recently in Judgment 3713, in consideration 3.
ILOAT Judgment(s): 2366, 3198, 3713
step in the procedure
In his submissions the complainant dwells at length on the issue of the composition of the Appeals Committee, which he considers was unlawful. In support of his arguments he refers to Judgment 3694, concerning his third complaint, in which the Tribunal found that the Appeals Committee was not properly composed. After the filing of the present complaint, the Tribunal delivered Judgment 3785, which is even more relevant to this case in view of the composition of the Appeals Committee that dealt with the underlying internal appeal. In light of these judgments, the complainant is correct in considering that the Appeals Committee which issued an opinion on his appeal was not composed properly, which renders the final decision of the Principal Director Human Resources based on that opinion unlawful.
Ordinarily, this finding would lead the Tribunal to remit the matter to the EPO so that the complainantís internal appeal could be examined by an Appeals Committee composed in accordance with the applicable rules. In this case, however, the Tribunal will not proceed in that manner. As the complaint is clearly devoid of merit, no useful purpose would be served by sending the case back to the EPO.
flaw; composition of the internal appeals body