Judgment No. 4428
1. The decisions of 20 February 2014 and 20 August 2008 are set aside.
2. The complainant’s absence during the morning of 22 August 2008 shall be registered as absence due to participation in the strike.
3. The complainant’s annual leave balance shall be retroactively re-credited with a half day.
4. The EPO shall pay the complainant’s heir 5,000 euros in moral damages.
5. It shall pay the complainant’s heir 800 euros in costs.
The complainant challenges the refusal of her request to combine a half day of absence for strike participation with a half day of leave.
complaint allowed; decision quashed; salary; deduction; right to strike
With regard to the question of unequal treatment, the Tribunal notes that the Organisation has not provided any convincing evidence to justify the different treatment of the complainant’s colleague.
evidence; unequal treatment
The complainant is entitled to an award of moral damages for the unlawfulness of the impugned decision, which amounted to a deliberate violation of the exercise of her right to strike, and the negative effects of this decision, including unequal treatment. The Tribunal assesses these damages in the amount of 5,000 euros.
moral injury; right to strike; unequal treatment