Judgment No. 1340

• Organization: European Patent Organisation (EPO)
• Date: 13.07.1994
• Original: English
• Judges: Fernando, Douglas, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE ORGANISATION SHALL PAY THE COMPLAINANT THE SUM OF 10,000 GUILDERS IN DAMAGES FOR MORAL INJURY.
2. IT SHALL PAY HIM 500 GUILDERS IN COSTS.
3. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 11

Extract:

"The onus of proof lies on the organisation to bear out its allegations and insinuations and not, as the organisation submits, on the complainant to show them to be untrue. In the absence of any proof of their accuracy, the assumption must be that they are untrue."

Keywords

moral injury; evidence; burden of proof; lack of evidence; presumption of innocence; organisation's duties

Consideration 14

Extract:

"Subordinates are vulnerable to criticism by superiors and if criticism is untrue must be protected from unjust attack. In this case there was a duty on the organisation to make an investigation. Since it failed to take any such action the complainant is awarded moral damages for its failure to protect and vindicate his good name."

Keywords

injury; moral injury; inquiry; organisation's duties; staff member's interest; supervisor; bias; investigation