Conciliation (787,-666)

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Keywords: Conciliation
Total judgments found: 3

• Judgment 4564

  
  134th Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges his staff report for the 2008-2009 exercise.

  Considerations 3 and 8

  Extract:

  As the Tribunal has repeatedly held, assessment of an employee’s merit during a specified period involves a value judgement; for this reason, the Tribunal must recognise the discretionary authority of the bodies responsible for conducting such an assessment. Of course, it must ascertain whether the ratings given to the employee have been determined in full conformity with the rules, but it cannot substitute its own opinion for the assessment made by these bodies of the qualities, performance and conduct of the person concerned. The Tribunal will therefore intervene only if the staff report was drawn up without authority or in breach of a rule of form or procedure, if it was based on an error of law or fact, if a material fact was overlooked, if a plainly wrong conclusion was drawn from the facts, or if there was abuse of authority. Regarding the rating of EPO employees, those criteria are the more stringent because the Office has a procedure for conciliation on staff reports and the Service Regulations entitle officials to appeal to a joint body whose members are directly familiar with the workings of the Office (see, for example, Judgments 1688, consideration 5, 3062, consideration 3, 3228, consideration 3, 3268, consideration 9, 3692, consideration 8, and 4258, consideration 2).
  
  [T]he authors of the contested staff report cannot be said to have drawn clearly mistaken conclusions from the facts or failed to take account of a material fact – bearing in mind that, under the [...] case law, it is not for the Tribunal to further review the assessment of the complainant’s merits made by the authorities of the Office.

  Reference(s)

  ILOAT Judgment(s): 1688, 3062, 3228, 3268, 3692, 4258
  

  Keywords:

  conciliation; discretion; rating; role of the tribunal;
  

  
  
  

• Judgment 3068

  
  112th Session, 2012
  Technical Centre for Agricultural and Rural Cooperation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  case sent back to organisation; complaint allowed; conciliation; decision quashed; delay in internal procedure;
  

  
  
  

• Judgment 3067

  
  112th Session, 2012
  Technical Centre for Agricultural and Rural Cooperation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  case sent back to organisation; complaint allowed; conciliation; decision quashed; delay in internal procedure;