Bonum Certa Men Certa

Correspondence With Dražen Petrović Reveals That ILO-AT is Indeed an Employer's Court, Favouring EPO Management Over EPO Staff

Not a labourers' court but a labourers' foe, which drains their money under the assumption that fair trials are possible and employers would comply with an unfavourable outcome (some don't, without facing any consequences)

Cicero's Use of Judicial Theater
Reference: Cicero's Use of Judicial Theater



Summary: What's publicly advertised as access to justice for aggrieved employees in international institutions seems to boil down to injustice perpetuated and rubber-stamped, or unfavourable rulings (against employers) not being followed

THE face-saving tactic/strategy of the EPO, namely hiding behind the face of António Campinos, doesn't impress us because we more or less understand what goes on behind the scenes. 12 days ago, for example, we showed the EPO's management fighting to just 'intercept' or underline/thwart (for lack of a better word) the ILO cases. Justice isn't the goal; they just waste stakeholders' money on lawyers, trying to 'win' cases at all costs, draining complainants' savings using legal bills. This is pure evil. This is known as legal bullying and staff should go public with this kind of stuff. It appears to be part of a pattern and a trend, which we assume SUEPO is well aware of already.



We've managed to obtain recent correspondence which sheds light on human rights aspects of all this, starting with the following from ILO-AT:

Dear ⬆⬆⬆⬆⬆⬆

Complaint No. ⬆⬆⬆⬆

Further to my email of 12 July 2018 concerning your 13th complaint please be advised that the President of the Tribunal has approved your request to reply to the EPO’s comments.

I therefore ask you to send me six copies of your reply to the EPO’s comments by Monday, 20 August 2018.

The procedural requests mentioned in your emails of 12 and 16 July 2018 have no legal basis.

Yours sincerely,

Dražen Petrović Greffier/Registrar 4, route des Morillons 1211 Genève 22 Suisse


Here's the response:

Dear Sir or Madam,

With regard to your e-mail here below I respectfully request to extend my term for reply to 120 days from now and to stay the proceedings in my ⬆⬆ case no. ⬆⬆⬆⬆⬆⬆ during the procedural term for reply in case no. ⬆⬆⬆⬆⬆

Reasons:

1. My chronic illness, see letter by OH physician,

2. Recent pain in my right wrist under examination/treatment (since my last procedural term, see recent e-mail by my GP which I feel unable to translate currently*

3. Frequent stomach pain due to severe nervous stress caused by the EPO's procedural conduct, slight gastritis recently diagnosed, see recent gastroenterologist's report*

4. The EPO's two(!) professional(!) lawyers had 90 days for their reply. In view of the principle of equal treatment of the parties I should normally be granted a term double as long as that granted to them, as I am just one(!) former employee, not a professional lawyer and also ill.

Please confirm receipt for this e-mail.

Sincerely yours,

⬆⬆⬆⬆⬆⬆


The ILO-AT set another 30-days term for reply after the EPO had a term of 90 days for their last submissions. This isn't the first time they do this to this complainant and they probably do the same thing to other complainants.

Extension requested by the complainant resulted in this:

Dear ⬆⬆⬆⬆⬆

Complaints Nos ⬆⬆⬆⬆ and ⬆⬆⬆⬆

I acknowledge receipt of your email of 20 July 2018.

I shall consult the President of the Tribunal on your request to extend the time limit for sending me your reply to the EPO’s comments to your further submissions on your ⬆⬆⬆⬆ complaint (AT ⬆⬆⬆⬆).

If the President grants the above request for extension, we shall then seek the views of the EPO’s counsel on your application to stay the proceedings on your ⬆⬆⬆⬆ complaint (AT ⬆⬆⬆⬆⬆) for the duration of that extension. The President will decide on that application inlight of the views of both parties.

Yours sincerely,

Dražen Petrović Greffier/Registrar 4, route des Morillons 1211 Genève 22 Suisse


This is the latest:

Complaints no. ⬆⬆⬆⬆⬆ and ⬆⬆⬆⬆

Dear Sir or Madam,

With regard to your e-mail of 24 July 2018: The procedure indicated by you here below is much too slow, given that you set me a term of 30 days only, until 20 August 2018, for my reply in re AT ⬆⬆⬆⬆. This way I cannot make use of my rights under Article 5.1 of the Tribunal's Rules to plead my own case. On ⬆⬆⬆⬆⬆ 2017 you swiftly extended my term of reply the following day. In view of my chronic illness with proven recent aggravation (see attachments of this year to my e-mail of ⬆⬆⬆⬆⬆) I respectfully request a prompt extension of my term of reply also now.

In view of the Tribunal's generally presumed independence it is not to the EPO to determine or even influence the Tribunal's procedural decisions in my cases.

Sincerely yours,

⬆⬆⬆⬆⬆⬆


There seems to be some 'circulation' for this case, as it's one of many that became more famous (or notorious). Quite a few people became familiar with this case, so ILO-AT can no longer keep it secret/confidential. In the above, the compliant is being implicitly refused an extension once more. This happened repeatedly at an earlier stage in various cases. Thereby staff rights under Article 6 ECHR as well as under Article 5.1 of the Tribunal's Rules were violated.

"What good is a ruling without actual enforcement of it? Is an ILO-AT decision legally-binding only when employers win and mere judicial theatre when employees win a case?"No matter what they do, EPO complainants are being thrown around, compelled to spend a lot of time and money on cases that would likely go nowhere because, as SUEPO puts is, ILO-AT is an "employer's court". SUEPO and some SUEPO members are obviously keeping abreast of all this; in fact, that's how the information gets leaked to us. It is being passed around and unless ILO (Guy Ryder, Dražen Petrović and the rest of them) care about their reputation, things will only exacerbate over time. This is, inadvertedly, becoming a case of ILO scandals, not just EPO scandals. Many nowadays feel as though ILO merely protects EPO management. It isn't even enforcing rulings against EPO management, e.g. Judge Corcoran, SUEPO leaders and so on. What good is a ruling without actual enforcement of it? Is an ILO-AT decision legally-binding only when employers win and mere judicial theatre when employees win a case? This sort of judicial deficit can't really be reported to anyone because ILO (UN) is itself immune, hence in a certain sense beyond and above the law.

Recent Techrights' Posts

Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
 
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day