Judgment No. 1344
1. THE ORGANISATION SHALL PAY THE COMPLAINANT 6,000 GERMAN MARKS IN DAMAGES FOR MORAL INJURY.
2. HIS OTHER CLAIMS ARE DISMISSED.
"It is true that Article VII(1) of the Statute provides that a complaint will not be receivable unless the complainant has exhausted such other means of resisting the decision as are open to him under the applicable Staff Regulations. But it is plain from the case law that the Tribunal construes that article to mean that when a complainant has done all that is required of him to get a final decision, yet the proceedings appear unlikely to be concluded within a reasonable time, he may appeal directly to the Tribunal".
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
ILOAT Judgment(s): 451, 499
complaint; absence of final decision; implied decision; failure to answer claim; receivability of the complaint; administrative delay; direct appeal to tribunal; internal remedies exhausted; exception; reasonable time; case law; iloat statute; staff regulations and rules
The complainant learned that reports bearing his signature had been changed without his knowledge. The EPO gives "pressure of time" as a reason for not consulting him. "Whatever the truth of the matter may be, even if the EPO was short of time it was not justified in changing his reports, in not even discussing the changes with him afterwards nor giving him an opportunity to comment on any amendments, and in publishing them under his name."
injury; report; right to reply; organisation's duties; staff member's interest; amendment to the rules