APPLICANT WAS TOLD OF THE ACCIDENT SHE WAS ON DUTY AND HER INSTRUCTIONS WERE THAT SHE SHOULD LEAVE HER POST ONLY IN CIRCUMSTANCES OF EXTREME URGENCY .
IT IS THEREFORE AT LEAST COMPREHENSIBLE THAT THE APPLICANT SHOULD HAVE SOUGHT TO OBTAIN MORE PRECISE INFORMATION ON THE ACCIDENT, WITH WHICH THE FIRST MESSAGE HAD OMITTED TO SUPPLY HER .
THE MESSAGE FROM MR ALBRECHT REACHED THE APPLICANT BY WAY OF TWO MESSENGERS WHOSE MOTHER TONGUE WAS NEITHER THAT OF THE WITNESS NOR OF THE APPLICANT .
IT THUS APPEARS FROM WHAT WAS SAID BY THE WITNESSES THAT THE APPLICANT CONSEQUENTLY RECEIVED RATHER FRAGMENTARY INFORMATION WHICH WAS GIVEN THROUGH A CLOSED DOOR WHEN THE INJECTION WHICH SHE WAS ADMINISTERING TO ANOTHER OFFICIAL REQUIRED ALL HER ATTENTION . CONSEQUENTLY THE PROBLEM WHETHER THE APPLICANT ACTED TOO SLOWLY ONLY ARISES FROM THE TIME WHEN MR ALBRECHT SPOKE TO HER DIRECTLY; SEEN FROM THIS ANGLE THERE WAS NO PREJUDICIAL DELAY . IN RESPECT OF THE APPLICANT'S HESITATION IN THE PRESENCE OF THE CROWD WHICH HAD GATHERED AROUND THE INJURED PERSON, THIS ATTITUDE, WHEN ONE TAKES ACCOUNT OF THE CIRCUMSTANCES IN WHICH THIS HESITATION OCCURRED AS WELL AS ITS BRIEF DURATION, IS NOT CAPABLE OF AN UNEQUIVOCAL INTERPRETATION AND CANNOT BE CONSIDERED AS CONSTITUTING MISCONDUCT .
IN ADDITION, THE APPLICANT'S SUPERIOR, THE WITNESS DR DE KETELAERE, STATED THAT ' THE PROFESSIONAL ABILITIES AND HUMAN QUALITIES ' OF THE APPLICANT ' ARE EXCELLENT '.
IT FOLLOWS FROM ALL THESE CONSIDERATIONS THAT, IN WHATEVER WAY THE APPLICANT'S CONDUCT IS TO BE APPRAISED, THE DEFENDANT'S REACTION WAS CLEARLY EXAGGERATED .
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AS THE DISPUTED DECISION WAS BASED ON GROUNDS WHICH IN LAW ARE INVALID IT MUST BE ANNULLED WITHOUT ANY NECESSITY FOR AN EXAMINATION OF THE OTHER GROUNDS OF COMPLAINT RAISED IN RESPECT OF IT .
( C ) THE APPLICANT FURTHER SUBMITS THAT THE COURT SHOULD DECLARE THAT SHE ' MUST STILL BE REGARDED AS BEING IN THE SERVICE OF THE COMMISSION UNDER THE TERMS AND CONDITIONS OF THE CONTRACT OF EMPLOYMENT OF 13 APRIL 1962, FOR AN INDEFINITE PERIOD, BUT WITHOUT PREJUDICE TO THE RESERVATIONS MADE BY THE APPLICANT WITH REGARD TO HER CLASSIFICATION '. AS HAS BEEN STATED, SINCE THIS APPEAL IS ONE IN WHICH THE COURT HAS UNLIMITED JURISDICTION, THESE CONCLUSIONS ARE ADMISSIBLE .
AS THE DECISION IMPUGNED, HAVING BEEN ANNULLED, MUST BE CONSIDERED AS BEING NULL AND VOID, THE APPLICANT IS DEEMED TO BE STILL IN THE DEFENDANT'S SERVICE . IN THIS CASE THERE IS NO PRACTICAL REASON LEADING TO THE CONCLUSION THAT COMPENSATION FOR THE ILLEGAL NATURE OF THE DECISION IMPUGNED SHOULD TAKE ANY FORM OTHER THAN THAT OF RESTITUTIO IN INTEGRUM .
THE APPLICANT'S CONCLUSIONS MUST THEREFORE BE ACCEPTED SO THAT SHE IS DEEMED TO BE STILL IN THE DEFENDANT'S SERVICE UNDER THE MATERIAL CONDITIONS WHICH GOVERNED HER CONTRACT OF 31 JANUARY 1963, INCLUDING THE BENEFITS ARISING FROM THIS CONTRACT IN RESPECT OF SOCIAL SECURITY AND MEDICAL AID .
( D ) FINALLY, THE APPLICANT CLAIMS THAT THE COURT SHOULD DECLARE THAT