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Judgment No. 597

Decision

1. The impugned decision is quashed as set out above, and the complainant is referred to the President of the Office for review of his administrative status.
2. The remainder of his claims is dismissed.
3. The EPO shall pay him DM 2,500 in costs.

Summary

Extract:

The Tribunal holds that the criticisms in the report on the complainant suffer from no errors which could justify changing them. Reporters enjoy considerable freedom of expression, and that freedom was not in this case overstepped.

Keywords

performance report; discretion

Consideration 6

Extract:

See Judgment 598, consideration 5.

Reference(s)

ILOAT Judgment(s): 598

Keywords

complaint allowed; decision quashed; case sent back to organisation; professional experience; reckoning; cooperation service; military service; flaw; difference

Consideration 3

Extract:

The internal appeal makes no mention of the problem referred to in the claim in question. "The Appeals Committee did not rule on the point, which was not before it. The plea of irreceivability succeeds under Article VII(1) of the Statute of the Tribunal".

Reference(s)

ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

Keywords

complaint; new claim; receivability of the complaint

Consideration 7

Extract:

Vide Judgment 598, consideration 6.

Reference(s)

ILOAT Judgment(s): 598

Keywords

professional experience; reckoning; seniority; cooperation service; discretion

Consideration 1

Extract:

Vide Judgment 598, consideration 1.

Reference(s)

ILOAT Judgment(s): 598

Keywords

general decision; competence of tribunal; administrative instruction; staff regulations and rules; amendment to the rules; enforcement; discretion; executive head; executive body; binding character



 
Last updated: 31.03.2020 ^ top