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Judgment No. 3897

Decision

The application for review is dismissed.

Summary

The complainant has filed an application for review of Judgment 3851.

Judgment keywords

Reference(s)

ILOAT Judgment(s): 3851

Keywords

application for review; admissible grounds for review; inadmissible grounds for review

Consideration 3

Extract:

The Tribunalís judgments carry the authority of res judicata and may be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds therefor are failure to take account of material facts, a material error, in other words a mistaken finding of fact involving no exercise of judgement which thus differs from misinterpretation of the facts, an omission to rule on a claim, or the discovery of new facts which the complainant was unable to rely on in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. On the other hand, pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea afford no grounds for review (see, for example, Judgments 3001, under 2, 3452, under 2, 3473, under 3, and 3634, under 4).

Reference(s)

ILOAT Judgment(s): 3001, 3452, 3473, 3634

Keywords

application for review

Consideration 4

Extract:

In his application for review, the complainant simply disagrees with the Tribunalís appraisal of the evidence and its interpretation of the law. The complainantís argument [...] demonstrates that the present application for review does not raise any of the above grounds for review and that it is in fact merely an attempt to re-open issues already settled in Judgment 3851.

Reference(s)

ILOAT Judgment(s): 3851

Keywords

application for review



 
Last updated: 07.03.2018 ^ top