Judgment No. 1398
THE COMPLAINT IS DISMISSED.
"The President has wide discretion over the organisation of work and he is not bound to consult the advisory bodies set up under the Service Regulations before introducing new means of improving staff efficiency. In any event the impugned decision made no change in the rules on work arrangements that required such consultation under Article 38."
Organization rules reference: ARTICLE 38 EPO SERVICE REGULATIONS
advisory body; staff regulations and rules; reorganisation; discretion; executive head; organisation's interest; advisory opinion
If the complainant succeeded in proving flaws in the procedure adopted by the Appeals Committee "they would indeed have been fatal and the EPO would, contrary to what it says, be liable."
liability; organisation; internal appeals body; organisation's duties; flaw; procedural flaw; effect
"All organisations need computer technology and there is nothing wrong with making staff who draft and write search reports and the like work with software and submit their output in a readily usable format. [...] EPO officers have wide discretion over matters of organisation and the EPO is not to be held liable for bringing conditions of work up to date. It thereby infringed none of the safeguards the staff enjoy; nor may it be deemed to have altered the job description of search examiners, which, [...] is cast in very general terms."
post description; reorganisation; discretion; executive head; organisation's interest; safeguard