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Judgment No. 4175

Decision

The application for review is dismissed.

Summary

The complainant filed an application for review of Judgment 3932.

Judgment keywords

Keywords

application for review

Consideration 2

Extract:

It is well settled that the Tribunalís judgments are final and carry the authority of res judicata. They may be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds therefor are a 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 on which the complainant was unable to rely in the original proceedings. Moreover, the pleas or grounds on which review is sought 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, consideration 2, 3452, consideration 2, 3473, consideration 3, 3634, consideration 4, 3719, consideration 4, and 3897, consideration 3).

Reference(s)

ILOAT Judgment(s): 3001, 3452, 3473, 3634, 3719, 3897

Keywords

application for review

Consideration 3

Extract:

As to the award of costs, the complainantís disagreement with the amount of the award is not a ground on which a judgment is subject to review.

Keywords

application for review; costs



 
Last updated: 01.08.2019 ^ top