Judgment No. 4121

• Organization: European Patent Organisation (EPO)
• Date: 06.02.2019
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the alleged failure to implement a decision to grant him three years’ seniority.

Judgment keywords

Keywords

promotion; seniority; complaint dismissed

Consideration 3

Extract:

The decision to promote the complainant was made in 2006. It was at that point in time that time-limits to challenge that decision began to run. The Tribunal’s case law concerning payslips does not entitle a complainant to belatedly challenge a decision out of time if the payslip is simply confirmatory of that decision (see, for example, Judgment 2823, consideration 10). This is what the complainant seeks to do in these proceedings. The complainant has not exhausted internal means of redress in conformity with the Service Regulations for permanent employees of the European Patent Office. Accordingly his complaint to this Tribunal is irreceivable and should be dismissed.

Reference(s)

ILOAT Judgment(s): 2823

Keywords

confirmatory decision; individual decision; receivability of the complaint; internal remedies exhausted; right of appeal; new time limit; payslip; late appeal