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Judgment No. 604

Decision

THE APPLICATION IS DISMISSED.

Consideration 3

Extract:

the judgment "gave a comprehensive answer to the complainant's claims. [...] in the circumstances that was an adequate answer. since, as has been said, an application for review is an exceptional procedure and a derogation from res judicata, a comprehensive answer is quite proper: the tribunal need not answer every single argument once it has taken the view that the application is irreceivable."

Reference(s)

ILOAT Judgment(s): 404, 442, 536

Keywords

application for review; omission to rule on a plea

Summary

Extract:

The complainant invites the Tribunal to correct the material error in Judgments nos. 404, 442 and 536. The Tribunal recalls that a complainant may not submit the same pleas for review more than once. It first seeks to determine whether Judgment no. 536 suffers from any defects which would cause it to be set aside and which could then require the other judgments to be reconsidered. The Tribunal finds that Judgment no. 536 does not overlook the complainant's claims, contrary to her allegations, and is therefore not admissible for review. The complainant's criticism of the Tribunal's appraisal of the claims and certain facts in the case serves no purpose and is not an admissible ground for review.

Reference(s)

ILOAT Judgment(s): 404, 442, 536

Keywords

application for review; material error; res judicata

Consideration 6

Extract:

"Any errors there may be in reproducing the text [of a judgment] constitute no flaw in the judgment itself."

Reference(s)

ILOAT Judgment(s): 404, 442, 536

Keywords

material error; judgment of the tribunal; consequence



 
Last updated: 28.08.2017 ^ top