Judgment No. 3851
The complaint is dismissed as is the EMBL’s counterclaim.
The complainant, who held a fellowship contract at EMBL, challenges the rejection of his request to be paid unemployment benefits following his separation from the organization.
internal remedies exhausted; complaint dismissed
In Judgment 3388, consideration 2, the Tribunal reiterated the settled case law that “[a]n official may only appeal directly to the Tribunal against a final administrative decision, which he or she seeks to impugn, when all the internal means of redress within an organization have been exhausted”.
ILOAT Judgment(s): 3388
internal remedies exhausted
While it appears that the complainant was less than forthcoming in some instances in his pleadings, in the circumstances, the EMBL’s request for costs will not be granted.
counterclaim; legal brief