Judgment No. 3851

• Organization: European Molecular Biology Laboratory (EMBL)
• Date: 28.06.2017
• Original: English
• Judges: Rouiller, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed as is the EMBL’s counterclaim.

Summary

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.

Judgment keywords

Keywords

internal remedies exhausted; complaint dismissed

Consideration 5

Extract:

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”.

Reference(s)

ILOAT Judgment(s): 3388

Keywords

internal remedies exhausted

Consideration 6

Extract:

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.

Keywords

counterclaim; legal brief