Judgment No. 4565

• Organization: European Patent Organisation (EPO)
• Date: 06.07.2022
• Original: English
• Judges: Moore, Rawlins, De Nictolis
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to impose on her the disciplinary sanction of downgrading for having engaged in gainful employment while on non-active status without prior authorisation.

Judgment keywords

Keywords

downgrading; outside activity; disciplinary measure; complaint dismissed

Consideration 5

Extract:

In the impugned decision […], the President was […] following the Committee’s conclusions (including that the complainant had acted in good faith) and recommendation which, in turn, was based, […] on a balanced and thoughtful consideration by the Committee of all the circumstances. In such a case, an executive head does not need to fully motivate acceptance and adoption of the conclusions and applicable recommendation (see Judgment 4044, consideration 7), particularly bearing in mind that the imposition of a disciplinary measure involves the exercise of a wide discretionary power (see Judgment 4460, consideration 8).

Reference(s)

ILOAT Judgment(s): 4044, 4460

Keywords

disciplinary measure; discretion; motivation; motivation of final decision