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
|