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Role of the Tribunal (925,-666)

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Keywords: Role of the Tribunal
Total judgments found: 1

  • Judgment 4364


    131st Session, 2021
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose on him the disciplinary measure of dismissal for misconduct.

    Consideration 10

    Extract:

    In Judgment 4227, consideration 6, the Tribunal said: “The role of the Tribunal in a case such as the present, in relation to the question of whether the alleged conduct took place, was summarised in Judgment 3862, consideration 20. According to the well-settled case law of the Tribunal, the burden of proof rests on an organisation to prove allegations of misconduct beyond a reasonable doubt before a disciplinary sanction can be imposed (see, for example, Judgment 3649, consideration 14). It is equally well settled that the ‘Tribunal will not engage in a determination as to whether the burden of proof has been met, instead, the Tribunal will review the evidence to determine whether a finding of guilt beyond a reasonable doubt could properly have been made by the primary trier of fact’ (see Judgment 2699, consideration 9).” Also, in Judgment 4247, consideration 12, in response to a similar argument made by the complainant in that case, the Tribunal said: “It is clear that the facts underlying the charge of misconduct are uncontroverted. The reference by the Director General to the ‘clear and convincing evidence standard’ does not detract from the fact that, in substance, the standard of beyond a reasonable doubt was met. As the assertion that [the Organization] failed to prove the complainant’s misconduct beyond a reasonable doubt is unfounded, it is rejected.” In the present case, even though the Disciplinary Committee did not expressly use the term “beyond a reasonable doubt”, the Tribunal finds that the complainant’s misconduct was in fact proven to that standard.

    Reference(s)

    ILOAT Judgment(s): 2699, 3649, 3862, 4227, 4247

    Keywords:

    beyond reasonable doubt; misconduct; role of the tribunal;


 
Last updated: 23.09.2021 ^ top