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Judgment No. 3987

Decision

The application for interpretation and review is dismissed.

Summary

The complainant has filed an application for interpretation and review of Judgment 3913.

Judgment keywords

Reference(s)

ILOAT Judgment(s): 3913

Keywords

application for interpretation; application for review

Consideration 2

Extract:

In her pleas in the application for interpretation and review, the complainant acknowledges that ordinarily an application for interpretation must concern an interpretation of the decision and not the Tribunal’s reasons. Nothing is said in the pleas about the meaning of the decision requiring interpretation, nor does the complainant argue that this is one of those rare cases when the considerations can be considered as part of the interpretation of the decision. Accordingly nothing more need be said about the application for interpretation.

Keywords

application for interpretation

Consideration 3

Extract:

The gravamen of the application for review involves a contention that the Tribunal disregarded the fundamental facts of the case and, in the result, the amount ordered by way of damages was far too low. Indeed it is contended that the “complainant felt such paltry amounts to be rather insulting rather than compensatory”. But in substance, the complainant is simply challenging the assessment by the Tribunal of the damages which should be awarded, and that matter is res judicata unless an error is established of the type which can found a review. No such error is identified.

Keywords

mistake of law



 
Last updated: 08.08.2018 ^ top