Judgment No. 3297

• Organization: European Patent Organisation (EPO)
• Date: 05.02.2014
• Original: Anglais
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant was dismissed for misconduct following a disciplinary investigation, which found that he had forged and falsified documents.

Judgment keywords

Keywords

evidence; termination of employment; disciplinary measure; complaint dismissed

Consideration 8

Extract:

"The Tribunal is of the opinion that the evidence presented by the EPO, taken altogether, cannot be ignored. “Those circumstances point convincingly to guilt and there is no credible innocent explanation for them. Further, the explanation offered by the complainant is implausible to a degree and is simply incompatible with the circumstances put in evidence by the Organization” (see Judgment 2231, under 5). [...] “The Tribunal will not require absolute proof, which is almost impossible to provide on such a matter. It will dismiss the complaint if there is a set of precise and concurring presumptions of the complainant’s guilt” (see Judgment 1384, under 10)."

Reference(s)

Jugement(s) TAOIT: 1384, 2231

Keywords

burden of proof; termination of employment; misconduct