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Judgment No. 194

Decision

1. The Director-General's decision dated 15 December 1971 is quashed.
2. The complainant is remitted to the Director-General for a new decision after a proper examination of the facts.
3. The claim for compensation and the question of costs are deferred for later consideration.

Considerations

Extract:

The complainant's plea that the impugned decision should be quashed as being based on insufficient grounds succeeds. "[I]t is [...] for the Director-General to reopen the case and to consider, by such means as he may deem appropriate and after giving a hearing to [the complainant], whether the appraisal made by her immediate supervisor was well-founded and whether the non-confirmation of her appointment could legitimately be based on the provisions" cited.

Keywords

duty to substantiate decision; grounds; decision quashed; case sent back to organisation; probationary period; termination of employment; unsatisfactory service; judicial review



 
Last updated: 02.03.2020 ^ top