Judgment No. 2993
The complaints are dismissed.
Setting up of a pension fund to replace existing pension scheme and introduction of implementing measures.
"[T]he principle of '[r]es judicata operates to bar a subsequent proceeding if the issue submitted for decision in that proceeding has already been the subject of a final and binding decision as to the rights and liabilities of the parties in that regard'. The principle applies when the parties, the purpose of the suit and the cause of action are the same as in the earlier case (see Judgments 1216, under 3, and 1263, under 4)."
ILOAT Judgment(s): 1216, 1263, 2316
finality of judgment; res judicata; same cause of action; same parties; same purpose; judgment of the tribunal; binding character
"It may well be that where an organisation conceals the existence of a cause of action, time will run only from such time as the cause of action is discovered."
organisation; cause of action; right of appeal; time limit; start of time limit; organisation's duties
"The Tribunal will review an earlier judgment on the basis of discovery of a 'new' fact, but only if it was 'discovered too late to [be] cite[d] in the original proceedings' (see Judgment 442, under 3 and 13). However, the question whether a fact is 'new' is always whether it could, with diligence, have been discovered at the time of the earlier proceedings."
ILOAT Judgment(s): 442
admissible grounds for review; new fact on which the party was unable to rely in the original proceedings; judgment of the tribunal