Judgment No. 375
THE COMPLAINT IS RECEIVABLE AND IS DISMISSED.
"The test of receivability is applied to decisions, not to issues. If an appeal against a decision is receivable, the appellant must be allowed to raise any issue that is relevant to the decision unless that issue has actually been decided and so becomes res judicata."
decision; receivability of the complaint
"The question whether a staff member is incapacitated from work is [...] a matter of judgment. The Tribunal will not substitute its judgment for that of the Director or of the expert advisers on whom he relies: it will intervene only if on the evidence the judgment appears to it to be wholly unreasonable or based on clearly mistaken conclusions."
incapacity; medical fitness; judicial review; discretion