Intranet webpage (950,-666)

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• Judgment 4551

  
  134th Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants contest modifications made with respect to the use of mass emails within the Office.

  Consideration 12

  Extract:

  Since the freedom of communication, information, and speech includes the right to choose the proper means, the Organisation is not allowed to impose certain means (such as, in the present case, the dedicated intranet webpage) rather than others (the mass emails). This is particularly true where the means offered (or imposed) are more complicated and less viable than the other ones technically available, or are even under the supervision of the Organisation itself. In the present case, the alternative means offered by the Organisation consisted in an intranet webpage on the Organisation’s website. This is, manifestly, a less viable means of communication and, moreover, it is under the supervision and the management of the Organisation, and not under the complete control by and availability for the staff representatives. It must also be recalled that according to the Tribunal’s case law, the ability of a body representing the staff to circulate emails to all staff members is not “a privilege”. Such body “has a legitimate right to avail itself of this facility, unless there is good cause for restricting it” (see Judgment 3156, consideration 14).

  Reference(s)

  ILOAT Judgment(s): 3156
  

  Keywords:

  email; intranet webpage; staff union activity;