Judgment No. 4489
1. The EPO shall pay the complainant 13,000 euros, in aggregate, by way of moral damages in addition to any moral damages already paid by the EPO.
2. The EPO shall pay the complainant 1,000 euros in costs.
3. All other claims are dismissed.
The complainant challenges the amount of moral damages paid to her by the EPO for the decision not to finalise her two performance management reports for 2011 and part of 2012.
complaint allowed; moral injury; performance evaluation
The complainant seeks the joinder of this, her eighth complaint, with an earlier complaint, her seventh, and a later complaint, her ninth. This procedural course is opposed by the EPO. While the facts in each of these complaints are part of the same continuum of events, the legal issues raised are quite discrete. Accordingly, the complaints will not be joined. That is not to say that the Tribunal cannot have recourse to the judgments given in the other complaints.
In the internal appeal, the complainant sought moral damages but did not seek material damages. Accordingly, her claim for material damages in these proceedings in the Tribunal is not receivable (see, for example, Judgment 3967, consideration 5, and also Judgment 4304, consideration 8).
ILOAT Judgment(s): 3967, 4304
new claim; internal remedies not exhausted