Judgment No. 3616
1. The decision of 18 June 2013 is set aside insofar as it concerns the complainant’s entitlement to a termination indemnity.
2. The case is remitted to the EPO in order that it may calculate and pay to the complainant the sum due to her under Article 15b of the Conditions of Employment for Contract Staff.
3. The EPO shall pay the complainant moral damages in the amount of 8,000 euros.
4. It shall also pay her 1,000 euros in costs.
5. All other claims are dismissed.
The complainant challenges the decision not to extend her fixed-term contract and the refusal to grant her a termination indemnity.
complaint allowed; decision quashed; case sent back to organisation; fixed-term; terminal entitlements; non-renewal of contract
First the EPO questions the receivability of the complaint. It holds that the complainant merely outlines the facts contained in her submissions to the IAC and does not enter any explicit plea.
This criticism will not be accepted. While the arguments of fact and of law of the complainant, who is not assisted by a representative, are rather succinct, they are sufficient to enable the Tribunal and the other party to apprehend with sufficient ease and clarity the complainant’s pleas (see Judgment 2264, under 3(e)), which culminate in the claim that the impugned decision should be set aside and that various indemnities should be paid.
Jugement(s) TAOIT: 2264