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Judgment No. 3816

Decision

The application for review is dismissed.

Summary

The complainant has filed an application for review of Judgment 3571.

Judgment keywords

Reference(s)

Jugement(s) TAOIT: 3571

Keywords

application for review

Consideration 2

Extract:

It has been consistently stated in the case law that in conformity with Article VI of its Statute the Tribunal’s judgments are final and without appeal and have res judicata authority. They may be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds for review are failure to take account of material facts, a material error, i.e. a mistaken finding of fact which, unlike a mistake in the appraisal of the facts, involves no exercise of judgement, 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, such pleas must be likely to have a bearing on the outcome of the case. Conversely, 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, 3634, under 4, and 3718, under 4).

Reference(s)

ILOAT reference: Article VI of the Statute
Jugement(s) TAOIT: 3001, 3452, 3473, 3634, 3718

Keywords

application for review

Consideration 3

Extract:

As the basis for his application for review, the complainant contends that the Tribunal omitted to rule on the “subsidiary argument” supporting his request for conversion of his limited-term appointment. In so doing, he alleges that the Tribunal omitted to rule on a plea. However, [...] that is not an admissible ground for review in any event.

Keywords

admissible grounds for review; omission to rule on a plea



 
Dernière mise à jour: 27.07.2017 ^ haut