12/07/2010
Employment disputes at the EPO
The staff representation has regularly criticised recruitment practice at the EPO.After numerous attempts to discuss the matter internally, last year thestaff committee submitted a document (CA/174/09)on the employment conditions forexternal staff to the Administrative Council of the EPO. The document was ignored.Since then a number of complaints have been submitted to national courts.The press (Spiegel andSZ) has reported on these complaints.
In the mean-time an internal appeal filed 4 years ago has matured into a judgment:ILO-AT 2919.The Tribunal ruled that the EPO's General Advisory Committee (GAC),in which the staff representation holds half of the seats, should have been consultedon the Office's outsourcing policy. This is not the only recent judgment onrecruitment procedures filed by staff representatives in which the Tribunal foundin favour of the complainant, seeILO-AT 2819,ILO-AT 2762,ILO-AT 2919,ILO-AT 2791and, in the same session ILO-AT 2920and ILO-AT 2921.
It is noted, however, that the amount of damages and costs awarded to the complainantsis diminishing. In the 2919 judgment the threecomplainants were awarded 300 Euros incosts, together. This represents about 1% of the real costs. The Tribunal further carefullyavoided entering into the substance of the case. This means that if the EPO, after GACconsultation, decides to maintain the current practice a new appeal will have to be filed,on which a judgment can then be expected in 4 years.
In the mean-time an internal appeal filed 4 years ago has matured into a judgment:ILO-AT 2919.The Tribunal ruled that the EPO's General Advisory Committee (GAC),in which the staff representation holds half of the seats, should have been consultedon the Office's outsourcing policy. This is not the only recent judgment onrecruitment procedures filed by staff representatives in which the Tribunal foundin favour of the complainant, seeILO-AT 2819,ILO-AT 2762,ILO-AT 2919,ILO-AT 2791and, in the same session ILO-AT 2920and ILO-AT 2921.
It is noted, however, that the amount of damages and costs awarded to the complainantsis diminishing. In the 2919 judgment the threecomplainants were awarded 300 Euros incosts, together. This represents about 1% of the real costs. The Tribunal further carefullyavoided entering into the substance of the case. This means that if the EPO, after GACconsultation, decides to maintain the current practice a new appeal will have to be filed,on which a judgment can then be expected in 4 years.